IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. A97-364-1 IN THE 216th JUDICIAL DISTRICT COURT
KERR COUNTY
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.
Applicant was convicted of the offense of capital murder in February 2000. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Hernandez v. State, No. AP-73,776 (Tex. Crim. App. December 18, 2002). This Court denied Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Hernandez, WR-63,282-01 (Tex. Crim. App. May 3, 2006). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on October 2, 2009.
Review of this conviction and sentence is currently pending in federal court. Because the case is active in federal court, we decline to address the issues. See Ex parte Soffar, 143 S.W.3d 804 (Tex. Crim. App. 2004). This application is dismissed.
IT IS SO ORDERED THIS THE 25TH DAY OF NOVEMBER, 2009.
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