IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-56,822-01
EX PARTE TONY TYRONE DIXON
ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE
NO. 9427863-B IN THE 179TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
Per Curiam.
O R D E R
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.
In February 1995, a jury convicted applicant 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 punishment at death. This Court affirmed applicant=s conviction and sentence on direct appeal. Dixon v. State, No. 72,100 (Tex. Crim. App. delivered Nov. 5, 1997), cert. denied, June 26, 1998. On August 10, 1998, applicant filed his initial application for writ of habeas corpus in the convicting court. This application is still pending in that court. Applicant=s subsequent writ was received in this Court on August 1, 2003.
Applicant presented one allegation in his application in which he alleged that he could not be executed because he is mentally retarded. By written order dated September 10, 2003, this cause was remanded to the trial court to consider applicant=s allegation.
While this case was on remand, Governor Rick Perry commuted applicant=s sentence because he was seventeen at the time he committed the instant offense. See Roper v. Simmons, 125 S. Ct. 1183 (2005). Because applicant=s claim of mental retardation affects only his sentence, the Governor=s commutation of that sentence renders applicant=s claim moot. Therefore, applicant=s application is dismissed as MOOT.
IT IS SO ORDERED THIS THE 14TH DAY OF DECEMBER, 2005.
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