Opinion
No. WR-57,892-02
Filed: October 20, 2008. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus and Motion for Stay of Execution in Cause No. 99-15367-B in the 8th Judicial District court of Hopkins County.
ORDER
We have before us a subsequent application for writ of habeas corpus filed pursuant to Article 11.071, § 5, and a motion for stay of execution. In November 1999, a jury convicted applicant 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 applicant's punishment at death. This Court affirmed the conviction and sentence on direct appeal. Ries v. State, No. AP-73,737 (Tex.Crim.App. June 12, 2002) (not designated for publication). This Court thereafter denied applicant relief on his initial application for writ of habeas corpus. Ex parte Ries, No. WR-57,892-01 (Tex.Crim.App. May 19, 2004) (not designated for publication). Applicant filed this, his first subsequent application, in the trial court on October 17, 2008. We have reviewed applicant's subsequent application and find that it does not meet the dictates of Article 11.071, § 5, and should be dismissed. Applicant's motion for stay of execution is denied. IT IS SO ORDERED THIS THE 20TH DAY OF OCTOBER, 2008.