IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM CAUSE NO. 0784244D IN THE 213TH JUDICIAL DISTRICT COURT
TARRANT 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.
In February 2002, 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. Martinez v. State, No. AP-74,292 (Tex. Crim. App. Nov. 5, 2003)(not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on October 22, 2003. He filed his first subsequent application in the trial court on December 9, 2003. In a single order, this Court denied applicant relief on the allegations raised in his initial application and dismissed his first subsequent application. Ex parte Martinez, No. WR-59,313-01/-02 (Tex Crim. App. Sept. 22, 2004)(not designated for publication). Applicant's second subsequent application was filed in the trial court on February 18, 2009.
Applicant presents a single allegation in his application. Specifically, he asserts that newly discovered evidence shows him to be actually innocent of the crime of which he has been convicted. We have reviewed the application and find that applicant has failed to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss his application as an abuse of the writ.
IT IS SO ORDERED THIS THE 26TH DAY OF FEBRUARY, 2009.
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