EX PARTE RAMON HERNANDEZ (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,724-01

EX PARTE RAMON HERNANDEZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 2002CR1613-W1 IN THE 175TH JUDICIAL DISTRICT COURT

BEXAR COUNTY

Per Curiam. Hervey, J., not participating.

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.

On October 9, 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. Hernandez v. State, No. AP-74,451 (Tex. Crim. App. March 23, 2005) (not designated for publication).

Applicant presents twelve allegations in his application in which he challenges the validity of his conviction and resulting sentence. An evidentiary hearing was held, and the trial judge entered findings of fact and conclusions of law. The trial court recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judges's recommendation and adopt the trial judge's findings and conclusions with the following exception: Findings of Fact and Conclusions of Law on Applicant's Ground For Review (l). Based upon the trial judges's 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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