Opinion
No. WR-67,096-02
Delivered: September 16, 2009. DO NOT PUBLISH
On Application for Writ of Habeas Corpus, In Cause No. 797602-B, in the 185th Judicial District Court, Harris County.
ORDER
This is a subsequent application for a writ of habeas corpus filed pursuant Texas Code of Criminal Procedure, Article 11.071, Section 5. On February 17, 2000, 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. Garcia v. State, 57 S.W.3d 436 (2001). On August 15, 2001, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Garcia, No. 67,096-01 (Tex. Crim. App. September 26, 2007). We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071, Section 5. Therefore, we dismiss this application as an abuse of the writ. IT IS SO ORDERED THIS THE 16TH DAY OF SEPTEMBER, 2009.