Evans, Michael Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: June 28, 2006
• Docket: WR-20,284-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 20,284-04 EX PARTE MICHAEL LYNN EVANS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. W86-78530-M

IN THE 194TH DISTRICT COURT OF DALLAS COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of murder and was sentenced to confinement for life. Applicant's conviction was affirmed on appeal. Evans v. State, No. 05-87-01088-CR (Tex. App. --Dallas, delivered May 20, 1988, pet. ref'd).

In the instant application, Applicant contends that he was denied the right to trial by jury. In his second ground for relief, Applicant contends the State was not held to its burden of proof. In his third ground for relief, Applicant argues that his sentence is illegal. Lastly, Applicant alleges that he was denied due process by the State's destruction of blood evidence.

This Court has reviewed Applicant's first, second and third grounds for relief and has determined that they are barred from review under Article 11.07, Section 4 of the Texas Code of Criminal Procedure. Therefore, those claims are dismissed. Applicant's remaining claim concerning the denial of due process due to the destruction of blood evidence by the State is without merit; thus, it is denied.

EN BANC

DO NOT PUBLISH

DELIVERED: JUNE 28, 2006