Garza, Joe Franco Jr.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. WR-56,961-02

EX PARTE JOE FRANCO GARZA, JR.

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 99-429,839-B IN THE 137TH DISTRICT COURT

LUBBOCK COUNTY

Per curiam.



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.

Applicant was convicted in April 2000 of capital murder committed on December 31, 1998. Tex. Penal Code Ann. § 19.03(a)(2). Based on the jury's answers to the special issues set forth in the Texas Code of Criminal Procedure, Article 37.071, sections 2(b) and 2(e), the trial court sentenced him to death. Art. 37.071, § 2(g). (1) This Court affirmed applicant's conviction and sentence on direct appeal. Garza v. State, No. AP-73,850 (Tex. Crim. App. Sept. 18, 2002) (not designated for publication). This Court denied relief on his Article 11.071 application for a writ of habeas corpus. Ex parte Garza, No. WR-56,961-01 (Tex. Crim. App. Oct. 22, 2003) (not designated for publication). He then filed an application for a writ of habeas corpus in federal district court. The federal district court vacated his death sentence and remanded the case to the trial court. Garza v. Dretke, No. 5:03-CV-284-C (N.D. Tex.-Lubbock Aug. 31, 2005) (not designated for publication). On April 24, 2006, following a new punishment hearing, based on the jury's answers to the special issues, the trial court again sentenced applicant to death.

Applicant presents nine allegations in his application in which he challenges the validity of his sentence. The trial judge entered findings of fact and conclusions of law and recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judge's recommendation and adopt the trial judge's findings and conclusions with the following exceptions: paragraph (h) under Grounds Three and Four for Relief; paragraphs (b) and (j) under Grounds for Relief Five and Six; and paragraph (k) under Grounds Eight and Nine for Relief. Based upon the trial court's findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 14TH DAY OF JANUARY, 2008.



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1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.