Castillo, Juan Edward

• Court: Court of Criminal Appeals of Texas
• Decided: September 12, 2012
• Docket: WR-70,510-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,510-01 EX PARTE JUAN EDWARD CASTILLO

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 2004-CR-1461-A IN THE 186^TH JUDICIAL DISTRICT COURT

BEXAR 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.

Applicant was convicted in 2005 of capital murder committed in December 2003. Tex. Penal Code Ann. § 19.03(a)(2). Based on the jury's answers to the special issues set forth in the Texas Code of Criminal Procedure, Article 37.071, sections 2(b) and 2(e), the trial court sentenced him to death. Art. 37.071, § 2(g). ⁽¹⁾ This Court affirmed applicant's conviction and sentence on direct appeal. Castillo v. State, 221 S.W.3d 689 (Tex. Crim. App. 2007).

Applicant presented four allegations in his application in which he challenges the validity of his conviction and sentence. The trial judge entered findings of fact and conclusions of law and recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judge's recommendation and adopt the trial judge's findings and conclusions. Further, we hold that applicant's second allegation is procedurally barred. Based upon the trial court's findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 12^TH DAY OF SEPTEMBER, 2012.

Do Not Publish

1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.