IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 620074 IN THE 228TH 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.
Applicant was convicted in March 1992 of the offense of capital murder. 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. Mason v. State, 905 S.W.2d 570 (Tex. Crim. App. 1995), cert. denied, 516 U.S. 1051 (1996).
Applicant's initial habeas application was filed in the convicting court on August 18, 1997. His first subsequent application was filed pro se in the convicting court on October 19, 1999. His second subsequent application was filed pro se on September 14, 2001. We denied relief on applicant's initial writ and dismissed his second subsequent application. Ex parte Mason, Nos. WR- 73,408-01 & -03 (Tex. Crim. App., Apr. 14, 2010). We dismissed applicant's first subsequent application except for one allegation that we held satisfied the requirements for consideration of a subsequent application under Texas Code of Criminal Procedure Article 11.071, § 5. We remanded to the trial court for consideration of the merits: the trial court erred in denying his properly requested mitigation instruction at punishment and providing instead a nullification instruction that did not allow the jury to consider and give effect to mitigating evidence presented at trial. Ex parte Mason, No. WR-73,408-02 (Tex. Crim. App., Apr. 14, 2010). On September 28, 2012, the instant application was filed in the convicting court.
In his application, applicant raises the single claim which we remanded to the trial court in his first subsequent writ application. Therefore, applicant's claim fails to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss his application.
IT IS SO ORDERED THIS THE 20TH DAY OF MARCH, 2013.
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