EX PARTE ROBERT LESLIE ROBERSON, III (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

WR-63,081-01 & WR-63,081-02
EX PARTE ROBERT LESLIE ROBERSON, III
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NO. 26162 IN THE 3rd JUDICIAL DISTRICT COURT 
ANDERSON 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 Article 11.071, Tex. Code Crim. Proc.

In February 2003, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Roberson v. State, No. AP-74,671 (Tex. Crim. App. June 20, 2007). (Not designated for publication)

Applicant presents thirty-four allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial judge entered findings of fact and conclusions of law, and recommended relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial judge's findings of fact. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

This Court has also reviewed a document entitled "Notice of Desire to Raise Additional Habeas Corpus Claims." Because this document was filed after the deadline provided for an initial application for habeas corpus, we find it to be a subsequent application. See Art. 11.071. We further find that the document fails to meet one of the exceptions provided for in Section 5 of Article 11.071 and, thus, we dismiss this subsequent application as an abuse of the writ.

IT IS SO ORDERED THIS THE 16TH DAY OF SEPTEMBER, 2009.

Do Not Publish