Garcia, Juan Martin

• Court: Court of Criminal Appeals of Texas
• Decided: September 16, 2009
• Docket: WR-67,096-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-67,096-02 EX PARTE JUAN MARTIN GARCIA

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 797602-B IN THE 185^TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam.

O R D E R

This is a subsequent application for a writ of habeas corpus filed pursuant Texas Code of Criminal Procedure, Article 11.071, Section 5.

On February 17, 2000, a jury convicted applicant 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Garcia v. State, 57 S.W.3d 436 (2001). On August 15, 2001, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Garcia, No. 67,096-01 (Tex. Crim. App. September 26, 2007).

We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071, Section 5. Therefore, we dismiss this application as an abuse of the writ.

IT IS SO ORDERED THIS THE 16^TH DAY OF SEPTEMBER, 2009.

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