IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
IN CAUSE NO. 783728 FROM THE
232ND DISTRICT COURT OF HARRIS COUNTY
ORDER
This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts he is mentally retarded and cannot be executed.
Applicant was convicted of capital murder on February 4, 1999. We affirmed the conviction and sentence on direct appeal. Escobedo v. State, AP-73,450 (Tex. Crim. App. February 13, 2002). On October 2, 2000, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. While the convicting court was considering that application, this subsequent application was filed on June 20, 2003, raising a claim that his execution was barred because he was mentally retarded. We found that the claim met the requirements for consideration of subsequent claims under Article 11.071, Section 5(a) and remanded to the convicting court for resolution of the claim. Ex parte Escobedo, WR-56,818-01 (Tex. Crim. App. September 10, 2003). The record has now been returned to this Court.
The convicting court made findings of fact that applicant had not met his burden to show by a preponderance of the evidence that he is mentally retarded and recommended that relief be denied. We have reviewed the record; the findings of the convicting court are supported by the record and we adopt them as our own. The relief sought by applicant is denied.
IT IS SO ORDERED THIS THE 6TH DAY OF JUNE, 2007.
Do Not Publish