Toney, Michael Roy

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-51,047-03 EX PARTE MICHAEL ROY TONEY

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 0676220D IN THE 297^TH DISTRICT COURT

TARRANT COUNTY

Per Curiam.

O R D E R

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

On May 25, 1999, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.0711, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Toney v. State, No. 73,535 (Tex. Crim. App. May 22, 2002).

Applicant presents seven allegations. We have reviewed the application and find that the allegations satisfy the requirements of Article 11.071, § 5(a), Tex. Code Crim. Proc. Accordingly, we find that the requirements for consideration of a subsequent application have been met and the cause is remanded to the trial court for consideration of the allegation. IT IS SO ORDERED THIS THE 20^TH DAY OF SEPTEMBER, 2006.

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