Opinion
No. WR-60,115-02
Delivered: November 15, 2006. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus in Cause, No. C-371-007426-0810355-a in the 371st District Court, Tarrant County.
ORDER
This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071. On March 27, 2003, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to 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. Gongora v. State, No. AP-74,636 (Tex.Crim.App. Feb. 2, 1006) (not designated for publication). On August 29, 2005, counsel filed applicant's writ application in the convicting court, which filing the court declared untimely. By written order dated January 25, 2006, this Court found good cause for the late filing and remanded the cause to the trial court to review the merits of the application. See Article 11.071, § 4A(b)(2). Applicant presents four allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, the trial judge entered findings of fact and conclusions of law. The trial court recommended that relief 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, the relief sought is denied.