Sells, Tommy Lynn ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-62,552-03

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EX PARTE TOMMY LYNN SELLS

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 8759-C IN THE 63^RD JUDICIAL DISTRICT COURT VAL VERDE COUNTY

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Per Curiam.

O R D E R

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

In September 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. Sells v. State, 121 S.W.3d 748 (Tex. Crim. App. 2003). On January 30, 2003, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Sells, No. WR-62,552-01 (Tex. Crim. App. August 31, 2005). On August 17, 2006, applicant filed his first subsequent application for a writ of habeas corpus. We dismissed the application as subsequent. Ex parte Sells, No. WR-62,552-02 (Tex. Crim. App. 2007).

We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071, Section 5. Therefore, we dismiss this application as an abuse of the writ.

IT IS SO ORDERED THIS THE 15^TH DAY OF DECEMBER, 2010.  

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