IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
IN CAUSE NO. 797602-A IN THE 185TH JUDICIAL
DISTRICT COURT OF HARRIS COUNTY
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.
In February 2000, a jury convicted applicant of the offense of capital murder. The jury also answered the special issues submitted pursuant to Article 37.071 of the Texas Code of Criminal Procedure in the favor of the State. The trial court, accordingly, set punishment at death. This Court subsequently affirmed applicant's conviction and sentence on direct appeal. Garcia v. State, 57 S.W.3d 436 (Tex. Crim. App. 2001).
In this writ application, applicant presents twenty-eight allegations in which he challenges the validity of his conviction and the resulting sentence. The trial judge entered findings of fact and conclusions of law recommending that relief be denied.
This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial court's recommendation and adopt the trial judge's findings and conclusions with the following exception: In Finding of Fact 53, this Court does not adopt that portion of the finding that relates to the conclusiveness of the confession of error, vel non, in Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App. 2002), or its relevancy to Applicant's claim. Based upon these findings and conclusions and our own review of the record, relief is denied.
IT IS SO ORDERED THIS THE 26TH DAY OF SEPTEMBER, 2007.
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