Opinion
No. WR-71,345-01
Delivered: March 11, 2009. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause No. 961278 in the 339th District Court, Harris County.
ORDER
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. Applicant was convicted in July 2004 of capital murder committed on September 11, 2003. Tex. Penal Code Ann. § 19.03(a)(7). 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. Art. 37.071, § 2(g). This Court affirmed applicant's conviction and sentence on direct appeal. Francois v. State, No. AP-74,984 (Tex.Crim.App. Sept. 13, 2006) (not designated for publication). Applicant presents two allegations in his application in which he challenges the validity of his sentence. The trial judge has entered findings of fact and conclusions of law and recommends 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. 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 11TH DAY OF MARCH, 2009.
Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.