McCarthy, Kimberly LaGayle

• Court: Court of Criminal Appeals of Texas
• Decided: September 12, 2007
• Docket: WR-50,360-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-50,360-02 EX KIMBERLY LAGAYLE MCCARTHY

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. F97-34795-V IN THE 292^ND DISTRICT COURT

DALLAS COUNTY

Per Curiam. KEASLER, J., not participating.

O R D E R

This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

On November 1, 2002, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to 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. McCarthy v. State, No. 74,590 (Tex. Crim. App. September 22, 2004).

Applicant presents fifteen allegations in her application in which she challenges the validity of her conviction and resulting sentence. The trial court did not hold an evidentiary hearing. The trial court entered findings of fact and conclusions of law and recommended that the relief sought be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial judge's findings and conclusions, with the exception of findings #21 and #22. Based upon the trial court's findings and conclusions and our own review, we deny relief.

IT IS SO ORDERED THIS THE 12^TH DAY OF SEPTEMBER, 2007.

Do Not Publish