Per curiam.
This is an application for writ of habeas corpus filed pursuant to Article 11.071 of the Texas Code of Criminal Procedure.
In February of 2002, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.0711 of the Texas Code of Criminal Procedure, and the trial court set punishment at death. Applicant's conviction was affirmed on direct appeal. Martinez v. State, No. 74,292 (Tex. Crim. App.) (delivered November 5, 2003).
Applicant presents eleven allegations in his initial application and two subsequently filed supplemental allegations in which he challenges the validity of his conviction and resulting sentence. The trial court entered findings of fact and conclusions of law with respect to the initial application and recommended that relief be denied.
This Court has reviewed the record with respect to the eleven allegations made by Applicant in his initial application. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.
With respect to Applicant's two subsequently filed allegations, we conclude that Applicant has failed to show the factual or legal bases of his claims were unavailable to him at the time he filed his initial application. Therefore, those claims are dismissed pursuant to Code of Criminal Procedure Article 11.071 § 5. Ex parte Graves, 70 S.W.3d 103 (Tex Crim. App. 2002).
IT IS SO ORDERED THIS THE 22ND DAY OF SEPTEMBER, 2004.
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