Opinion
No. WR-61,389-01
February 16, 2011. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause No. 114-0750-02 in the 114th District Court Smith County.
ORDER
This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, TEX. CODE CRIM. PROC. In October 2002, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, TEX. CODE CRIM. PROC., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction on direct appeal, but reversed the sentence and remanded for a new punishment hearing. Russeau v. State, 171 S.W.3d 871 (Tex. Crim. App. 2005). Applicant was retried on punishment and again sentenced to death. Applicant's sentence was again affirmed on direct appeal. Russeau v. State, 291 S.W.3d 426 (Tex. Crim. App. 2009). This Court denied relief on his initial writ application on the new punishment hearing. Ex parte Russeau, No. WR-61,389-02 (Tex. Crim. App. August 25, 2010) (not designated for publication). In his application, Applicant presents three allegations. In allegations two and three he challenges the validity of his conviction, and in allegation one he challenges the validity of the resulting sentence. The trial court held an evidentiary hearing and entered findings of fact and conclusions of law recommending that the relief sought be denied. This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, we deny relief on allegations two and three. Because of the resolution of Applicant's direct appeal, Applicant's first allegation is dismissed as moot. See Russeau v. State, 171 S.W.3d 871 (Tex. Crim. App. 2005). IT IS SO ORDERED THIS THE 16TH DAY OF FEBRUARY, 2011.