Martinez, Raymond Deleon

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-42,342-02 EX PARTE RAYMOND DELEON MARTINEZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS

AND MOTION FOR STAY OF EXECUTION

FROM CAUSE NO. 387158-B IN THE 184^TH DISTRICT COURT

HARRIS COUNTY

Per Curiam; MEYERS, J. dissents. PRICE AND Cochran, JJ., not participating.

O R D E R

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

On October 12, 1989, a Harris County 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. Martinez v. State, 867 S.W.2d 30 (Tex. Crim. App. 1993), cert. denied, 512 U.S. 1246 (1994). On July 29, 1997, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court denied applicant relief. Ex parte Martinez, No. WR-42,342-01 (Tex. Crim. App. Aug. 18, 1999)(not designated for publication). Applicant's subsequent writ was received in this Court on March 22, 2006.

Applicant presents one allegation. We have reviewed the application and find the allegation satisfies the requirements of Article 11.071, § 5(a). Applicant's motion for stay of execution is granted and we file and set his application in this Court for a review of the legal questions raised.

IT IS SO ORDERED THIS THE 24^TH DAY OF March, 2006.

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