Martinez, Alexander Rey

• Court: Court of Criminal Appeals of Texas
• Decided: April 13, 2005
• Docket: WR-61,844-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR - 61,844-01 EX PARTE ALEXANDER REY MARTINEZ HABEAS CORPUS APPLICATION

FROM HARRIS COUNTY

Per Curiam.

O R D E R

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

On December 6, 2002, applicant was convicted of the offense of capital murder. Punishment was assessed at death. On March 3, 2004, this Court affirmed applicant's conviction on direct appeal. Martinez v. State, 129 S.W.2d 101 (Tex.Crim.App. 2004). This application was timely filed on February 27, 2004.

Martinez -2-

On May 20, 2004, in response to letters applicant sent to the judge of the convicting court, a hearing was held in which applicant, in the presence of counsel, freely, knowingly, and voluntarily waived any further proceedings in his case. Applicant was examined by a psychiatrist and a psychologist and found competent to waive review of his conviction by way of this instant action.

The convicting court has entered findings of fact and conclusions of law and found applicant is competent to withdraw his habeas corpus application. We find the convicting court's findings and conclusions are supported by the record and accordingly dismiss the instant action.

IT IS SO ORDERED THIS THE 13^TH DAY OF APRIL, 2005.

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