IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. W01-52159-H(A) IN CRIMINAL DISTRICT COURT NUMBER ONE
DALLAS 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 April 30, 2002, 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. Battaglia v. State, No. AP-74,348 (Tex. Crim. App. May 18, 2005) (not designated for publication).
Applicant presents six allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, 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, relief is denied.
IT IS SO ORDERED THIS THE 23RD DAY OF SEPTEMBER, 2009.
Do Not Publish