Opinion
No. WR-41,168-02
April 13, 2005. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause No. W296-80233-90(HC2) in the 296th District Court, Collin County.
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. On September 7, 1990, 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. Hood v. State, No. AP-71,167 (Tex.Crim.App. Nov. 24, 1993) (not designated for publication). On April 17, 1997, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court subsequently denied applicant relief. Ex parte Hood, No. WR-41,168-01 (Tex.Crim.App. Apr. 21, 1999) (not designated for publication). Applicant's subsequent writ was received in this Court on October 21, 2004. Applicant presents a single allegation. We have reviewed the application and find that the allegation fails to satisfy the requirements of Texas Code of Criminal Procedure Article 11.071, § 5(a). Accordingly, it is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c). IT IS SO ORDERED.