Opinion
No. WR-68,066-02
Delivered: April 29, 2009. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus in Cause No. 15057 in the 369th Judicial District Court Cherokee County.
ORDER
This is a subsequent application for a writ of habeas corpus filed pursuant Texas Code of Criminal Procedure, Article 11.071, Section 5. On August 30, 2004, 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. Adams v. State, AP-75,023 (Tex.Crim.App. June 27, 2007). On August 31, 2006, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Adams, WR-68,066-01 (Tex.Crim.App. November 21, 2007). We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071, Section 5. Therefore, we dismiss this application as an abuse of the writ. IT IS SO ORDERED THIS THE 29TH DAY OF APRIL, 2009.