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. ⁽¹⁾

Applicant was convicted in November 2005 of capital murder committed on January 30, 2004. Tex. Penal Code Ann. § 19.03(a)(2). Based on the jury's answers to the special issues set forth in the Texas Code of Criminal Procedure, Article 37.071, sections 2(b) and 2(e), the trial court sentenced him to death. Art. 37.071, § 2(g). ⁽²⁾ This Court affirmed applicant's conviction and sentence on direct appeal. Busby v. State, 253 S.W.3d 661 (Tex. Crim. App. 2008). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court in 2008, and this Court denied relief in 2009. Applicant then filed an application for a writ of habeas corpus in federal district court. The federal district court stayed the proceeding and held it in abeyance so that applicant could exhaust claims in state court. Busby v. Thaler, No. 4:09-CV-160-Y, Document 62 (N.D. Tex - Fort Worth Div., August 17, 2012). Applicant then filed this subsequent application in the conviction court on October 1, 2012. In compliance with Art. 11.071, § 5(b)(1), the convicting court forwarded this application to this Court.

We have reviewed this subsequent application and find that the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 6^TH DAY OF MARCH, 2013.

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1. Unless otherwise indicated, all references to Articles are to the Texas Code of Criminal Procedure.

2. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.