Opinion
WR-83,274-01
10-25-2017
EX PARTE TYRONE CADE
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. F11-33962-R IN THE 265 DISTRICT COURT DALLAS COUNTY Per curiam. 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.
On August 29, 2012, Applicant was convicted of the offense of capital murder. See TEX. PENAL CODE ANN. § 19.03. The jury answered the special issues submitted under 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. Cade v. State, No. AP-76,883 (Tex. Crim. App. Feb. 25, 2015) (not designated for publication). Applicant's initial post-conviction application for writ of habeas corpus is currently pending in the convicting court. See TEX. CODE CRIM. PROC. ANN. Art. 11.071. Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on May 13, 2015.
Applicant presents one allegation in the instant application. We have reviewed the application and find that Applicant has failed to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claim.
IT IS SO ORDERED THIS THE 25 DAY OF OCTOBER, 2017. Do Not Publish