Tercero, Bernardo Aban

• Court: Court of Criminal Appeals of Texas
• Decided: November 16, 2005
• Docket: WR-62,593-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-62,593-01 and WR-62,593-02 EX PARTE BERNARDO ABAN TERCERO

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 762351-A IN THE 232^ND JUDICIAL DISTRICT COURT

HARRIS 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 October 16, 2000, 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. Tercero v. State, No. AP-73,992 (Tex. Crim. App. Sept. 18, 2002)(not designated for publication).

Applicant presents five allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, 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, the relief sought is denied.

This Court has also reviewed a document entitled "Applicant's Motion to Amend Petition for State[']s Habeas Corpus." Because this document was filed after the deadline provided for an initial application for habeas corpus, we find it to be a subsequent application. See Art. 11.071. We further find that the document fails to meet one of the exceptions provided for in Section 5 of Article 11.071 and, thus we dismiss this subsequent application as an abuse of the writ.

IT IS SO ORDERED THIS THE 16^TH DAY OF NOVEMBER, 2005.

Do Not Publish