Harris, David R.

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 20,983-06 EX PARTE DAVID RAY HARRIS HABEAS CORPUS APPLICATION

FROM JEFFERSON COUNTY

Per Curiam. Meyers, J., dissents.

O R D E R

This is a subsequent application for a writ of habeas corpus under Texas Code of Criminal Procedure, Article 11.071 § 5.

Applicant was convicted of capital murder on April 29, 1986. We affirmed the judgment and sentence on September 13, 1989. Applicant's original application for writ of habeas corpus was considered by this Court, and relief was denied on December18,1991. Applicant's subsequent application was dismissed on June 22, 2004. Applicant has filed a second subsequent application under the provisions of Texas Code of Criminal Procedure, Article 11.071, § 5.

HARRIS -2-

We have reviewed the claim by applicant and find that it does not meet the requirement for consideration under Texas Code of Criminal Procedure, Article 11.071, § 5. Applicant's subsequent application for habeas corpus is dismissed as an abuse of the writ, and his motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 30^TH DAY OF JUNE, 2004.