EX PARTE VICTOR SALDANO (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-41,313-04

EX PARTE VICTOR SALDANO

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. W199-80049-96 (HC) IN THE 199TH DISTRICT

COURT OF COLLIN 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.

A jury convicted applicant of the offense of capital murder. The jury also answered the special issues submitted pursuant to the Texas Code of Criminal Procedure in favor of the State. The convicting court, accordingly, set punishment at death. This Court affirmed applicant's conviction on direct appeal, but his sentence was vacated by a federal district court. Saldano v. State, No. AP-72,556 (Tex. Crim. App. Sep. 15, 1999); Saldano v. Texas, 530 U.S. 1212 (2000); Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App. 2002); Saldano v. Cockrell, 267 F. Supp. 2d 635 (E.D.Tex. 2003). After a second punishment hearing, the jury again answered the special issues submitted pursuant to the Texas Code of Criminal Procedure in favor of the State, and applicant was sentenced to death. This Court affirmed applicant's sentence on direct appeal. Saldano v. State, 232 S.W.3d 77 (Tex. Crim. App. 2007).

In this writ application, applicant presents eight allegations in which he challenges the validity of his death sentence. A hearing was held in which habeas counsel and the State were permitted to make argument based upon the allegations and affidavits in the habeas record. The convicting court then 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 convicting court's recommendation and adopt its findings and conclusions except for the following: findings and conclusions numbered 310, 312, 313, 316, 317, and 318, which all concern applicant's allegation number four. Based upon the convicting court's remaining findings and conclusions and our own independent review of the record, relief is denied.

IT IS SO ORDERED THIS THE 29TH DAY OF OCTOBER, 2008.

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