Tumblin, Deon James

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR 60,099-01 EX PARTE DEON JAMES TUMBLIN

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM BOWIE 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 Article 11.071, Tex. Code Crim. Proc.

On February 16, 2001, a jury convicted applicant 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. Tumblin v. State, No. 74,097 (Tex. Crim. App. Mar. 19, 2003)(not designated for publication).

Applicant presented three allegations in his application in which he challenged the validity of his conviction and resulting sentence. However, applicant has died. Accordingly, applicant's application for writ of habeas corpus is dismissed. See Ex parte Henderson, 74 S.W.3d 876 (Tex. Crim. App. 2002)(Johnson, J., concurring).

IT IS SO ORDERED THIS THE 26^th DAY OF January, 2005.

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