IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 98-H-058
IN THE 23RD JUDICIAL DISTRICT COURT OF MATAGORDA COUNTY
FILED IN CAUSE NO. 23964
WALKER COUNTY
O R D E R
This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5, and a motion for stay of execution.
In June 1999, a jury found applicant guilty 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 applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Parr v. State, No. AP-73,497 (Tex. Crim. App. Mar. 7, 2001) (not designated for publication). Applicant filed an initial post-conviction application for writ of habeas corpus in the convicting court, and this Court denied applicant relief. Ex parte Parr, No. WR-48,257-01 (Tex Crim. App. Nov. 13, 2002)(not designated for publication). Applicant's subsequent application was received in this Court on August 9, 2007.
Notwithstanding the fact that applicant has failed to file his application in the court in which he was convicted, we have reviewed applicant's subsequent application and find that it should be dismissed. Art. 11.071, § 5(a). Applicant's motion for stay of execution is denied.
IT IS SO ORDERED THIS THE 10TH DAY OF AUGUST, 2007.
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