Lopez, Michael













IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-65,977-01


EX PARTE MICHAEL LOPEZ


ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 0804963-A IN THE 228TH JUDICIAL DISTRICT COURT

HARRIS COUNTY


Per curiam.



O R D E R



This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

On May 24, 1999, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Lopez v. State, No. 73,536 (Tex. Crim. App. Apr. 10, 2002)(not designated for publication).

Applicant presents five allegations in his application in which he challenges the validity of his sentence. Although an evidentiary hearing was not held, the trial judge entered findings of fact and conclusions of law. The trial court recommended that the application in its entirety be dismissed as moot.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the application is dismissed as moot.

IT IS SO ORDERED THIS THE 1ST DAY OF NOVEMBER, 2006.

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