Opinion
No. WR-40,046-03
September 13, 2006. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus, Cause No. 94-CR-2047 in the 226th District Court, Bexar County.
JOHNSON, J., would remand on No. 1. HERVEY, J., 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. Applicant was convicted of the offense of capital murder in July 1999. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Moore v. State, No. 73,526 (Tex.Crim.App. January 9, 2002). This Court dismissed Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Moore, No. 40,046-01 (Tex.Crim.App. January 27, 1999). This Court denied Applicant's second post-conviction application for writ of habeas corpus. Ex parte Moore, No. 40,046-02 (Tex.Crim.App. May 14, 2003). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on April 10, 2006. Applicant presents two allegations in which he challenges the validity of his conviction and resulting sentence. We have reviewed the application and find the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c). IT IS SO ORDERED.