Sparks, Robert

• Court: Court of Criminal Appeals of Texas
• Decided: December 14, 2011
• Docket: WR-76,786-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,786-01 EX PARTE ROBERT SPARKS

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. W08-01020-J(A) IN CRIMINAL DISTRICT COURT NO. THREE

DALLAS COUNTY

Per Curiam.

O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

In December 2008, a jury convicted applicant 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Sparks v. State, No. AP-76,099 (Tex. Crim. App. Oct. 20, 2010)(not designated for publication).

Applicant presents two allegations in his application in which he challenges the validity of his conviction and resulting sentence. An evidentiary hearing was held, and the trial judge entered findings of fact and conclusions of law. The trial court recommended that relief 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, relief is denied on applicant's allegations.

IT IS SO ORDERED THIS THE 14^th DAY OF DECEMBER, 2011.

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