This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

On July 29, 1996, a Harris County jury found applicant guilty 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 applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Medina v. State, 7 S.W.3d 633 (Tex. Crim. App. 1999). On November 23, 1998, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court dismissed that application as untimely filed. Ex parte Medina, No. WR-41,274-01 (Tex. Crim. App. Apr. 28, 1999)(not designated for publication). However, this Court also subsequently granted applicant new counsel pursuant to Article 11.071 § 4A. New counsel timely filed an application with the trial court on November 21, 2001, which application is still pending. Applicant's subsequent writ was received in this Court on December 16, 2002.

Applicant presents one allegation. We have reviewed the application and find the allegation fails to satisfy the requirements of Article 11.071, § 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 23^RD DAY OF NOVEMBER, 2005.

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