Opinion
NO. WR-46,587-02
09-17-2014
EX PARTE BRENT RAY BREWER
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 6997-A IN THE 47TH DISTRICT COURT RANDALL COUNTY Per curiam. Johnson, J., would grant. 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.
In 1991, applicant was convicted of capital murder and sentenced to death. TEX. PENAL CODE ANN. § 19.03(a)(2); Article 37.071. We affirmed the conviction and sentence on direct appeal, but the sentence was later vacated in federal habeas proceedings. Brewer v. State, No. 71,307 (Tex. Crim. App. June 22, 1994) (not designated for publication); see Brewer v. Dretke, 2004 U.S. Dist. LEXIS 14761 (N. Dist. Aug. 2, 2004) (not designated for publication); Brewer v. Quarterman, 550 U.S. 286 (2007); Brewer v. Quarterman, 512 F.3d 210 (5th Cir. 2007). At a new punishment hearing in 2009, applicant was again sentenced to death. Art. 37.0711, §3(g). We affirmed the sentence on direct appeal. Brewer v. State, No. AP-76,378 (Tex. Crim. App. Nov. 23, 2011) (not designated for publication).
Unless otherwise indicated, all references to Articles are to the Texas Code of Criminal Procedure.
Applicant then filed an application for writ of habeas corpus challenging his sentence. The trial court held a live evidentiary hearing. As to all of the allegations, the trial judge entered findings of fact and conclusions of law and recommended 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, except for paragraphs 1 and 2 on page 81. 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 17TH DAY OF SEPTEMBER, 2014. Do Not Publish