Hernandez, Jesse Joe

• Court: Court of Criminal Appeals of Texas
• Decided: May 3, 2006
• Docket: WR-62,840-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-62,840-01 EX PARTE JESSE JOE HERNANDEZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM DALLAS 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 Article 11.071, TEX. CODE CRIM. PROC.

On July 22, 2002, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, TEX. CODE CRIM. PROC., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Hernandez v. State, No. 74,401 (Tex. Crim. App. May 26, 2004).

In his application, Applicant presented five allegations in which he challenged the validity of his conviction and resulting sentence. The cause was remanded to the trial court so that the habeas corpus record could be supplemented with affidavits from trial counsel responding to Applicant's first two allegations.

This Court has reviewed the affidavits of trial counsel responding to Applicant's first two allegations. We adopt the trial court's findings of fact and conclusions of law regarding all five of Applicant's allegations. Based upon the trial court's findings and conclusions and our own review, we deny relief on all of Applicant's allegations.

IT IS SO ORDERED THIS THE 3^RD DAY OF MAY, 2006.

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