Ex Parte Tong

Full title: EX PARTE CHUONG DUONG TONG

Court: Court of Criminal Appeals of Texas

Date published: Jul 1, 2009

No. WR-71,377-01 (Tex. Crim. App. Jul. 1, 2009)

Opinion

No. WR-71,377-01

Filed: July 1, 2009. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus, Cause No. 760745-A, In the 178th District Court, Harris County.

PER CURIAM.

ORDER

This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc. In March 1998, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal, Tong v. State, 25 S.W.3d 707 (Tex.Crim.App. 2000), cert. denied, 532 U.S. 1053 (2001). Applicant presents twelve allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court did not hold a live evidentiary hearing. The trial court adopted the State's proposed findings of fact and conclusions of law recommending that the relief sought 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 with the exception of findings nos. 84 and 105, and conclusions nos. 33 and 40, which we explicitly reject. Based upon the trial court's findings and conclusions and our own review, we deny relief.