Opinion
No. WR-48,832-04
Delivered: October 1, 2008. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus In Cause, No. 1996-634-C In the 54th Judicial District Court Mclennan County.
PER CURIAM. Holcomb, j., dissents.
ORDER
This is a subsequent application for a writ of habeas corpus filed pursuant Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts that he failed to receive the effective assistance of counsel during his trial. On April 2, 2002, 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. Ibarra v. State, 11 S.W.3d (Tex.Crim.App. 1999). On June 21, 1999, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Ibarra, No. WR-48,832-01 (Tex.Crim.App. April 4, 2001). Applicant filed second and third applications for writs of habeas corpus pursuant to Article 11.071 on June 19, 2003, and March 24, 2005. We denied relief for the second application and dismissed the third application as subsequent. Ex parte Ibarra, Nos. WR-48,832-02 WR-48,832-02 (Tex.Crim.App. Sept. 26, 2007). We have reviewed Applicant's claim for relief and find that it does not meet the requirements for consideration of subsequent claims under Article 11.071, Section 5. Therefore, we dismiss this subsequent application.