Perry, Michael James

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2006
• Docket: WR-62,906-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-62,906-01 EX PARTE MICHAEL JAMES PERRY

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 02-01-00320-CR IN THE 221^ST DISTRICT COURT

MONTGOMERY COUNTY

Per Curiam.

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 February 28, 2003, 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. Perry v. State, 158 S.W.3d 438 (Tex. Crim. App. 2004), cert. denied, 126 S.Ct. 416 (2005).

Applicant presents nineteen allegations in his application in which he challenges the validity of his 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. Based upon the trial court's findings and conclusions and our own review, we deny relief. We also deny "Applicant's Amended Motion to Abate and Remand" pertaining to his application for writ of habeas corpus.

IT IS SO ORDERED THIS THE 29^TH DAY OF MARCH, 2006.

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