IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 1999-CR-5514-W1 IN THE 175TH JUDICIAL DISTRICT COURT
BEXAR 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.
On March 27, 2001, 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. Esparza v. State, No. AP-74,096 (Tex. Crim. App. June 4, 2003)(not designated for publication).
Applicant presents twenty allegations in his application in which he challenges the validity of his conviction and resulting sentence. A live evidentiary hearing was held, and the trial judge entered findings of fact and conclusions of law. The trial court recommended that relief be denied.
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 relief sought is denied.
This Court has also reviewed documents entitled "App[lic]ant's Motion to Amend Petition for States Habeas Corpus" and "Subsequent Pro Se Application for Art. 11.071 Writ of Habeas Corpus." Both documents were filed after the deadline provided for the filing of an initial application for writ of habeas corpus. Applicant's motion is denied. We reviewed his subsequent application under Article 11.071 § 5, and we conclude that it fails to meet one of the exceptions provided for in the statute. Therefore, applicant's subsequent application is dismissed as an abuse of the writ.
IT IS SO ORDERED THIS THE 28TH DAY OF FEBRUARY, 2007.
Do Not Publish
1. Applicant's name is reflected in court documents both as "Esparza" and as "Esparaza."
Applicant signs his name "Esparza." This Court will continue to use the spelling "Esparza."