Carter, Tilon Lashon ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-70,722-01

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EX PARTE TILON LASHON CARTER

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 0949973-A IN THE 371^ST JUDICIAL DISTRICT COURT OF TARRANT COUNTY

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Per curiam.



O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071.

A jury convicted applicant of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and in November 2006, the convicting court sentenced applicant to death. This Court affirmed applicant's conviction and sentence on direct appeal. Carter v. State, AP-75,603 (Tex. Crim. App. January 14, 2009) (not designated for publication), cert. denied, 130 S. Ct. 58 (2009).

Applicant presents eighteen allegations in his application in which he challenges the validity of his conviction and sentence. The trial judge entered findings of fact and conclusions of law and recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judge's recommendation and adopt the trial judge's findings and conclusions with the following exceptions: under Grounds for Relief 1 and 2, the second and third sentences of findings paragraph 24, and conclusions paragraph 8; under Grounds for Relief 5 through 8, findings paragraph 6, and conclusions paragraphs 2 and 3. Based upon the trial court's findings and conclusions and our own review of the record, relief is denied.

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

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