Garcia, Joseph C.

• Court: Court of Criminal Appeals of Texas
• Decided: March 5, 2008
• Docket: WR-64,582-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,582-02 EX PARTE JOSEPH C. GARCIA

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

FROM CAUSE NO. W01-00325-T(B) IN THE

283^RDJUDICIAL DISTRICT COURT

DALLAS COUNTY

Per curiam; Hervey, 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.

In February 2003, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Garcia v. State, No. AP-74,692 (Tex. Crim. App. Feb. 16, 2005)(not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on December 14, 2004. This Court denied applicant relief. Ex parte Garcia, No. WR-64,582-01 (Tex Crim. App. Nov. 11, 2006)(not designated for publication). Application filed his first subsequent application in the trial court on November 12, 2007.

Applicant presents six allegations in the instant application. Specifically, he asserts that his trial and appellate counsel rendered ineffective assistance, and his initial habeas counsel was not competent.

We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071 § 5. Accordingly, the application is dismissed as an abuse of the writ. Art. 11.071 § 5(c).

IT IS SO ORDERED THIS THE 5^TH DAY OF MARCH, 2008.

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