Opinion
No. WR-64,360-02
Filed: November 7, 2007. DO NOT PUBLISH
On Application for Writ of Habeas Corpus Cause No. 760321-B In The 338th Judicial District Court Harris County.
ORDER
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc. In June 1998, applicant was convicted 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. Applicant filed the instant application in which he challenges the validity of his conviction and punishment. Subsequently, on direct appeal, this Court affirmed applicant's conviction but reversed and remanded for a new punishment trial. Burton v. State, AP-73,204 (Tex.Crim.App. March 7, 2001) (not designated for publication). Applicant was retried on punishment and sentenced to death a second time on September 6, 2002. This Court affirmed applicant's second punishment judgment. Burton v. State, AP-73,204 (Tex.Crim.App. May 19, 2004) (not designated for publication). Applicant presents sixteen allegations in this application in which he challenges the validity of his conviction and punishment. The trial judge entered findings of fact and conclusions of law, and recommended that relief be denied. We have reviewed the record and we adopt the trial judge's findings. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied. IT IS SO ORDERED THIS THE 7th DAY OF NOVEMBER, 2007.