Berkley, William Josef

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-63,079-01 EX PARTE WILLIAM BERKLEY

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 20000D05705-243-1 IN THE 243RD JUDICIAL DISTRICT COURT OF

EL PASO COUNTY

Per curiam. Womack, J., not participating.

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.

On April 22, 2002, a jury convicted applicant 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Berkley v. State, No. AP-74,336 (Tex. Crim. App. 2005)(not designated for publication).

Applicant presents nine allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, the trial judge entered findings of fact and conclusions of law. The trial court recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial court'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 8^TH DAY OF MARCH, 2006.

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