EX PARTE VICTOR HUGO SALDANO (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-41,313-03

EX PARTE VICTOR HUGO SALDANO

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. W199-80049-96-HC1 IN THE 199TH DISTRICT COURT

COLLIN COUNTY

Per Curiam.

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.

On July 11, 1996, 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. Saldano v. State, No. AP-72,556 (Tex. Crim. App. Sept. 15, 1999)(not designated for publication). After a federal court ordered a new punishment trial, a jury again 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 sentence on direct appeal. Saldano v. State, 232 S.W.3d 77 (Tex. Crim. App. 2007). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on February 15, 2007. The application is still pending. Applicant filed this subsequent application in the trial court on October 30, 2007.

Applicant presents two allegations in the instant application. Specifically, he asserts that he was denied the effective assistance of counsel in violation of the United States and Texas Constitutions by trial counsels' failure to preserve certain issues raised in his direct appeal.

We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071 § 5. Accordingly, the application is dismissed as an abuse of the writ. Art. 11.071 § 5(c).

IT IS SO ORDERED THIS THE 16TH DAY OF JANUARY, 2008.

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