IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 41,902-02
CAUSE NO. 15726 HC-2 IN THE 6TH DISTRICT COURT
LAMAR 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.
On June 3, 1996, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Texas Code of Criminal Procedure, Article 37.071, and the trial court set punishment at death.
JONES -2-
Applicant filed his original writ application under Art. 11.071 on June 10, 1999; we denied that application on September 15, 1999. Applicant filed a second application for writ of habeas corpus pursuant to Art. 11.071, § 5, requesting a stay of execution and alleging cruel and unusual punishment.
The basis for this subsequent claim, that the execution of persons who were seventeen when they committed capital murder would amount to cruel and unusual punishment, was not available at the time of applicant's original 11.071 habeas application. Before this Court acted on the claim, the Supreme Court of the United States stayed applicant's execution while it considered the claim under the United States Constitution in the case of Roper v. Simmons.
On the basis of the holding in Roper v. Simmons, 543 U.S. (March 1, 2005), the Honorable Rick Perry, Governor of Texas, commuted applicant's death sentence to life imprisonment on June 22, 2005. Applicant's claims are now moot, and this application is dismissed.
IT IS SO ORDERED THIS THE 14TH DAY OF SEPTEMBER, 2005.
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