From Casetext: Smarter Legal Research

Ex parte Davila

COURT OF CRIMINAL APPEALS OF TEXAS
Apr 17, 2013
NOS. WR-75,356-01 (Tex. Crim. App. Apr. 17, 2013)

Opinion

NOS. WR-75,356-01

04-17-2013

EX PARTE ERICK DANIEL DAVILA


ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. C-1-009420-1108359-A IN CRIMINAL DISTRICT COURT 1

OF TARRANT COUNTY

Per Curiam .

ORDER

In February 2009, 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. Davila v. State, No. AP-76,105 (Tex. Crim. App. Jan. 26, 2011).

Applicant presents three allegations in his application in which he challenges the validity of his conviction and resulting sentence. An evidentiary hearing was held, and the trial court 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 court's original findings and conclusions. Further, Allegations Two and Three are not cognizable on habeas review. See Ex parte Banks, 769 S.W.2d 539 (Tex. Crim. App. 1989). Based upon the trial court's findings and conclusions and our own review, relief is denied.

IT IS SO ORDERED THIS THE 17TH DAY OF APRIL, 2013. Do Not Publish


Summaries of

Ex parte Davila

COURT OF CRIMINAL APPEALS OF TEXAS
Apr 17, 2013
NOS. WR-75,356-01 (Tex. Crim. App. Apr. 17, 2013)
Case details for

Ex parte Davila

Case Details

Full title:EX PARTE ERICK DANIEL DAVILA

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Apr 17, 2013

Citations

NOS. WR-75,356-01 (Tex. Crim. App. Apr. 17, 2013)

Citing Cases

In re Davila

Davila v. State , No. AP-76, 2011 WL 303265, at *10 (Tex. Crim. App. Jan. 26 2011), cert. denied , 565 U.S.…

Ex parte Davila

This Court denied relief on the claims. Ex parte Davila, No. WR-75,356-01 (Tex. Crim. App. Apr. 17, 2013)…