Luna, Joe

• Court: Court of Appeals of Texas
• Decided: April 22, 2015
• Docket: WR-70,511-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-70,511-01

EX PARTE JOE LUNA

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2006-CR-0033-W1 IN THE 379 TH DISTRICT COURT BEXAR COUNTY

Per curiam. R ICHARDSON and Y EARY, JJ., not participating.

ORDER

This is a post conviction application for a writ of habeas corpus filed pursuant to the

provisions of Texas Code of Criminal Procedure article 11.071.

Applicant was convicted in March 2006 of a capital murder committed in February

2005. T EX. P ENAL C ODE A NN. § 19.03(a). Based on the jury’s answers to the special issues

set forth in the Texas Code of Criminal Procedure article 37.071, sections 2(b) and 2(e), the

trial court sentenced him to death. T EX. C ODE C RIM. P ROC. art. 37.071, § 2(g). This Court Luna - 2

affirmed applicant’s conviction and sentence on direct appeal. Luna v. State, 268 S.W.3d 594

(Tex. Crim. App. 2008).

Applicant presented five allegations in his application in which he challenges the

validity of his conviction and sentence. The trial court held a live evidentiary hearing. As

to all of these allegations, the trial judge entered findings of fact and conclusions of law and

recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant.

We agree with the trial judge’s recommendation and adopt the trial judge’s findings and

conclusions, except for findings and conclusions II (5), V (D)(2), and V (D)(3), which we

reject. Based upon the trial court’s findings and conclusions and our own review of the

record, relief is denied.

IT IS SO ORDERED THIS THE 22 ND DAY OF APRIL, 2015.

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