Will, Robert Gene Ii

• Court: Court of Criminal Appeals of Texas
• Decided: September 12, 2007
• Docket: WR-63,590-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-63,590-02 EX PARTE ROBERT GENE WILL, II

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 862715 IN THE 185^TH DISTRICT COURT

HARRIS COUNTY

Per Curiam. KELLER, P.J. dissents.

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

Applicant was convicted of the offense of capital murder in January 2002. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Will v. State, No. 74,306 (Tex. Crim. App. April 21, 2004). This Court denied Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Will, WR-63,590-01 (Tex. Crim. App. March 29, 2006). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on May 15, 2007.

Applicant presents two allegations in which he challenges the validity of his conviction and resulting sentence. We have reviewed the application and find the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 12^TH DAY OF SEPTEMBER, 2007.

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