EX PARTE CARLOS MANUEL AYESTAS (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,674-01

EX PARTE CARLOS MANUEL AYESTAS

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 754409-A IN THE 230TH JUDICIAL

DISTRICT COURT OF HARRIS 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 July 1997, 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 This Court subsequently affirmed applicant's conviction and sentence on direct appeal in an unpublished opinion. Ayestas v. State, No. AP-72,928 (Tex. Crim. App. delivered Nov. 4, 1998).

In this writ application, applicant presents seven allegations, including ten sub-allegations of ineffective assistance of counsel, in which he challenges the validity of his conviction and the resulting sentence. The trial judge entered findings of fact and conclusions of law recommending that relief be denied.

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 except for the following: Findings of Fact 10, 23, 24, 54, 78, and 84 and Conclusions of Law 2, 7(d), 10, 13, and 17. Based upon these findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 10TH DAY OF SEPTEMBER, 2008.

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