Garza, Manuel ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-70,797-02

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EX PARTE MANUEL GARZA

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 2001CR1877-W2 IN THE 399^TH JUDICIAL DISTRICT COURT BEXAR 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 October 2002, 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. Garza v. State, AP-74,467 (Tex. Crim. App. Feb 16, 2005). On October 25, 2004, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Garza, WR-70,797-01 (Tex. Crim. App. Dec. 17, 2008).

Applicant presents nine allegations. We have reviewed the application and find that applicant's allegations fail to satisfy the requirements of Article 11.071 § 5. Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims.   

IT IS SO ORDERED THIS THE 12^TH DAY OF OCTOBER, 2011.  

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