Opinion
No. WR-48,153-02
November 23, 2005. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus from Cause No. 1997CR1717D-W2 in the 290th Judicial District. Court of Bexar County.
PER CURIAM. JOHNSON, J., would remand on allegation No. (1).
ORDER
This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5. In July 1997, a Bexar County 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 applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Trevino v. State, 991 S.W.2d 849 (Tex.Crim.App. 1999). On April 19, 1999, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court subsequently denied applicant relief. Ex parte Trevino, No. WR-48,153-01 (Tex.Crim.App. Apr. 4, 2001) (not designated for publication). Applicant's subsequent writ was received in this Court on September 29, 2005. Applicant presents two allegations. We have reviewed the application and find the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c). IT IS SO ORDERED.