Barbee, Stephen Dale

• Court: Court of Criminal Appeals of Texas
• Decided: January 14, 2009
• Docket: WR-71,070-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,070-01 EX PARTE STEPHEN DALE BARBEE

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 1004856R IN THE 213^TH JUDICIAL DISTRICT COURT

TARRANT COUNTY

Per Curiam.

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 February 2006, 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. Barbee v. State, No. AP-75,359 (Tex. Crim. App. December 10, 2008).

Applicant presents four allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court did not hold an 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. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

IT IS SO ORDERED THIS THE 14^TH DAY OF JANUARY, 2009.

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