EX PARTE ANTHONY DEWAYNE DOYLE (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-67,027-01

EX PARTE ANTHONY DEWAYNE DOYLE

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. F03-45484-JI IN THE CRIMINAL

DISTRICT COURT NO. 2 OF DALLAS COUNTY

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.

In May 2004, a jury convicted applicant of the offense of capital murder. The jury also answered the special issues submitted pursuant to Article 37.071 of the Texas Code of Criminal Procedure in the favor of the State. The trial court, accordingly, set punishment at death. This Court subsequently affirmed applicant's conviction and sentence on direct appeal in an unpublished opinion. Doyle v. State, No. AP-74,960 (Tex. Crim. App. delivered May 10, 2006).

In this writ application, applicant presents nine allegations in which he challenges the validity of his conviction and the resulting sentence. A hearing was not held. The trial judge, however, was able to enter findings of fact and conclusions of law recommending that relief be denied based upon the record.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial court's recommendation and adopt the trial judge's findings and conclusions with the following exception: This Court does not adopt those findings and conclusions indicating that Applicant's Claim Number 7 is procedurally barred from habeas review (Findings of Fact 1, 2, and 3 and Conclusions of Law 1 and 2 of Ground Number 7). Based upon these findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 23RD DAY OF JANUARY, 2008.

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