Cardenas, Ruben Ramirez

• Court: Court of Criminal Appeals of Texas
• Decided: September 30, 2009
• Docket: WR-48,728-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-48,728-03 EX PARTE RUBEN RAMIREZ CARDENAS

ON SUBSEQUENT APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. CR-0722-97-G IN THE 370^TH DISTRICT COURT

HIDALGO COUNTY

Per Curiam.

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 February 1998 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. Cardenas v. State, 30 S.W.3d 384 (Tex. Crim. App. 2000). This Court denied Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Cardenas, No. WR-48,728-01 (Tex. Crim App. May 16, 2001)(not designated for publication). This Court then dismissed Applicant's first subsequent application. Ex parte Cardenas, No. WR-48,728-02 (Tex. Crim. App. Mar. 7, 2007)(not designated for publication). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on August 3, 2009.

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

IT IS SO ORDERED THIS THE 30^th DAY OF SEPTEMBER, 2009.

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