Opinion
NO. WR-31,536-04
02-12-2014
EX PARTE ROBERT ALAN FRATTA
ON APPLICATION FOR WRIT OF HABEAS CORPUS
IN CAUSE NO. 1195044 IN THE 230TH DISTRICT COURT
OF HARRIS COUNTY
PER CURIAM.
ORDER
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 June 2009, a jury convicted applicant of the offense of capital murder and returned affirmative answers to the punishment issues submitted under Article 37.071. The trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Fratta v. State, AP-76,188 (Tex. Crim. App. October 5, 2011) (not designated for publication), cert. denied, 132 S.Ct. 2714 (2012).
Unless otherwise specified, all references to Articles refer to the Texas Code of Criminal Procedure.
Applicant presents four allegations in his application in which he challenges the validity of his conviction and sentence. The trial court did not hold a live evidentiary hearing. As to all of these allegations, the trial court entered findings of fact and conclusions of law and recommended that relief be denied.
This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judge's recommendation and adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review of the record, we deny relief.
IT IS SO ORDERED THIS THE 12TH DAY OF FEBRUARY, 2014. Do Not Publish