Garza, ROBERT GENE LEOS

• Court: Court of Criminal Appeals of Texas
• Decided: September 18, 2013
• Docket: WR-70,257-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,257-02 EX PARTE ROBERT GENE LEOS GARZA

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

FROM CAUSE NO. CR-0945-03-I

IN THE 398^TH DISTRICT COURT

HIDALGO COUNTY

Per Curiam.

O R D E R

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

In December 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. Garza v. State, 213 S.W.3d 338 (Tex. Crim. App. 2007). Applicant filed his initial post-conviction application for a writ of habeas corpus in the convicting court on January 11, 2006. This Court denied applicant relief. Ex parte Garza, No. WR-70,257-01 (Tex. Crim. App. Sept. 10, 2008)(not designated for publication). Applicant's first subsequent application was filed in the trial court on September 12, 2013.

In his pleading, applicant does not set out distinct claims. However, this Court has reviewed the document and finds that the allegations raised fail to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims.

IT IS SO ORDERED THIS THE 18^th DAY OF SEPTEMBER, 2013.

Do Not Publish