Ex Parte McKay

OPINION

MILLER, Judge.

This is a post-conviction application for writ of habeas corpus relief pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted by a jury on a plea of not guilty of capital murder. See V.T.C.A., Penal Code Section 19.03(a)(2). On August 5, 1982, the trial court imposed the death penalty upon the jury’s affirmative answers to the three special issues submitted pursuant to Art. 37.071, V.A.C.C.P. On direct appeal, applicant’s conviction was affirmed by this Court on October 2, 1985, in a published opinion. McKay v. State, 707 S.W.2d 23 (Tex.Crim.App.1985), reh’g denied.