Allen, Kerry Dimart

• Court: Court of Criminal Appeals of Texas
• Decided: April 28, 2010
• Docket: WR-73,586-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,586-01 EX PARTE KERRY DIMART ALLEN

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 844387 IN THE 351^ST JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam. Keasler, j. filed a concurring statement in which keller, p.j., and hervey, j., joined.

O R D E R

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071.

In May 2001, a jury convicted Applicant of the offense of capital murder. 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. Allen v. State, 108 S.W.3d 281 (Tex. Crim. App. 2003).

Applicant presents thirty-seven allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court held an evidentiary hearing and 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. Based upon the trial court's findings and conclusions and our own review, we deny relief.

IT IS SO ORDERED THIS THE 28^TH DAY OF APRIL, 2010.

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