IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-70,511-01
EX PARTE JOE LUNA
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2006-CR-0033-W1 IN THE 379 TH DISTRICT COURT
BEXAR COUNTY
Per curiam. R ICHARDSON and Y EARY, JJ., not participating.
ORDER
This is a post conviction application for a writ of habeas corpus filed pursuant to the
provisions of Texas Code of Criminal Procedure article 11.071.
Applicant was convicted in March 2006 of a capital murder committed in February
2005. T EX. P ENAL C ODE A NN. § 19.03(a). 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. T EX. C ODE C RIM. P ROC. art. 37.071, § 2(g). This Court
Luna - 2
affirmed applicant’s conviction and sentence on direct appeal. Luna v. State, 268 S.W.3d 594
(Tex. Crim. App. 2008).
Applicant presented five allegations in his application in which he challenges the
validity of his conviction and sentence. The trial court held a live evidentiary hearing. As
to all of these allegations, 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, except for findings and conclusions II (5), V (D)(2), and V (D)(3), which we
reject. 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 22 ND DAY OF APRIL, 2015.
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