IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NO. 02-CR-4433-F IN THE 214TH DISTRICT COURT
NUECES COUNTY
O R D E R
This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071 of the Texas Code of Criminal Procedure.
On September 5, 2003, Applicant was convicted of two counts of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Robles v. State, No. 74,726 (Tex. Crim. App. April 26, 2006).
In his application, Applicant presents four allegations in which he challenges the validity of his conviction and resulting sentence. The trial court held an evidentiary hearing and entered findings of fact and conclusions of law.
This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial court's findings of fact and conclusions of law, except for the trial court's findings and conclusions regarding allegation four. Even if Applicant had preserved this allegation for our review, the disputed evidence is not material as required by Brady v. Maryland, 373 U.S. 83 (1963). Based upon the trial court's findings and conclusions and our own review, we deny relief.
IT IS SO ORDERED THIS THE 14TH DAY OF JUNE, 2006.
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