IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 1004856R IN THE 213TH JUDICIAL DISTRICT COURT
TARRANT 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.
In February 2006, a jury convicted Applicant of the offense of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Barbee v. State, No. AP-75,359 (Tex. Crim. App. December 10, 2008).
Applicant presents four allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court did not hold an evidentiary hearing. The trial court adopted the State's proposed findings of fact and conclusions of law recommending that the relief sought 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.
IT IS SO ORDERED THIS THE 14TH DAY OF JANUARY, 2009.
Do Not Publish