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

Applicant was convicted of capital murder on August 21, 1991. We affirmed the conviction and sentence. Summers v. State, Nos. AP-71,338 and AP-71,389 (Tex.Crim.App. June 8, 1994). On October 1, 1997, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Summers, Nos. WR-48,582-01 and WR-48,582-02 (Tex.Crim.App. March 28, 2001).

SUMMERS -2-

We have reviewed the application and the record in this case and find that this subsequent application for writ of habeas corpus does not meet the requirements for consideration of subsequent claims under Texas Code of Criminal Procedure, Article 11.071, Section 5. The application is dismissed as an abuse of the writ and the motion to stay execution is denied.

IT IS SO ORDERED THIS THE 23^RD DAY OF OCTOBER, 2006.

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