Cannady, Rogelio

• Court: Court of Criminal Appeals of Texas
• Decided: May 6, 2009
• Docket: WR-25,462-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-25,462-04 EX PARTE ROGELIO CANNADY

ON SUBSEQUENT APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. B-94-M004-0-PR-B-2 IN THE 156^TH DISTRICT COURT

BEE COUNTY

Per Curiam. Womack, J., not participating.

O R D E R

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 December 1997 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. Cannady v. State, 11 S.W.3d 205 (Tex. Crim. App.), cert. denied, 121 S.Ct. 125 (2000). This Court denied Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Cannady, No. WR-25,462-02 ⁽¹⁾ (Tex. Crim App. May 23, 2001)(not designated for publication). This Court then denied Applicant's first subsequent application. Ex parte Cannady, No. WR-25,462-03 (Tex. Crim. App. Oct. 22, 2003)(not designated for publication). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on March 12, 2009.

Applicant presents one allegation that challenges the validity of a different conviction. Applicant's claim fails to meet the dictates of Article 11.071,§5. Accordingly, we dismiss his application.

IT IS SO ORDERED THIS THE 6^th DAY OF MAY, 2009.

Do Not Publish

1. Applicant's writ No. WR-25,462-01 pertained to a different conviction.