Foster, Cleve

• Court: Court of Criminal Appeals of Texas
• Decided: March 21, 2007
• Docket: WR-65,799-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,799-01 EX PARTE CLEVE FOSTER

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. C-1-007519-0839040-A IN THE CRIMINAL

DISTRICT COURT NUMBER ONE OF TARRANT 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.

In February 2004, a jury convicted Applicant of the offense of capital murder. The jury also answered the special issues submitted pursuant to Article 37.071 of the Texas Code of Criminal Procedure in the favor of the State. The trial court, accordingly, set punishment at death. This Court subsequently affirmed Applicant's conviction and sentence on direct appeal in an unpublished opinion. Foster v. State, No. AP-74,901 (Tex. Crim. App. delivered April 12, 2006).

In this writ application, Applicant presents six allegations in which he challenges the validity of his conviction and the resulting sentence. A hearing was held via the submission of affidavits. The trial judge has entered findings of fact and conclusions of law and recommends that relief be denied.

This Court has reviewed the record with respect to the allegations made by Applicant. We agree with the trial court's recommendation and adopt the trial judge's findings and conclusions. Based upon these findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 21^ST DAY OF MARCH, 2007.

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