I agree with the Court's dismissal of the subsequent application, which is required by Section 5(a) of Article 11.071 of the Code of Criminal Procedure.

The applicant's ground of actual innocence was presented in his first application. It was denied. He has presented nothing new in this application. His claim of ineffective assistance of counsel could have been raised in his first application.

His grounds of denial of confrontation and mental retardation could come within an exception in Section 5. But the former does not state a claim under the Confrontation Clause of the Sixth Amendment, and he has not made a prima facie showing of mental retardation.

Filed July 17, 2006.

Do Not Publish.