Garcia, Juan Martin

• Court: Court of Criminal Appeals of Texas
• Decided: September 26, 2007
• Docket: WR-67,096-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-67,096-01 EX PARTE JUAN MARTIN GARCIA

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 797602-A IN THE 185TH JUDICIAL

DISTRICT COURT OF HARRIS 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 2000, 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. Garcia v. State, 57 S.W.3d 436 (Tex. Crim. App. 2001).

In this writ application, applicant presents twenty-eight allegations in which he challenges the validity of his conviction and the resulting sentence. The trial judge entered findings of fact and conclusions of law recommending 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 with the following exception: In Finding of Fact 53, this Court does not adopt that portion of the finding that relates to the conclusiveness of the confession of error, vel non, in Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App. 2002), or its relevancy to Applicant's claim. Based upon these findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 26^TH DAY OF SEPTEMBER, 2007.

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