Opinion
No. WR-42,342-02
Delivered: March 24, 2006. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus, and Motion for Stay of Execution, from Cause No. 387158-B in the 184th District Court Harris County.
PER CURIAM, MEYERS, J. dissents. PRICE and COCHRAN, JJ., not participating.
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, and a motion for stay of execution. On October 12, 1989, a Harris County jury found applicant guilty 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 applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Martinez v. State, 867 S.W.2d 30 (Tex.Crim.App. 1993), cert. denied, 512 U.S. 1246 (1994). On July 29, 1997, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court denied applicant relief. Ex parte Martinez, No. WR-42,342-01 (Tex.Crim.App. Aug. 18, 1999) (not designated for publication). Applicant's subsequent writ was received in this Court on March 22, 2006. Applicant presents one allegation. We have reviewed the application and find the allegation satisfies the requirements of Article 11.071, § 5(a). Applicant's motion for stay of execution is granted and we file and set his application in this Court for a review of the legal questions raised.