Swain, Mario Rashad

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2006
• Docket: WR-64,437-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,437-01 EX PARTE MARIO RASHAD SWAIN

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 30,261-B-H-1 IN THE 124^th DISTRICT COURT

GREGG 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.

On November 20, 2003, 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. Swain v. State, 181 S.W.3d 359 (Tex. Crim. App. 2005).

Applicant presents three 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.

IT IS SO ORDERED THIS THE 20^TH DAY OF SEPTEMBER, 2006.

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