Court of Criminal Appeals of Texas, 2004

Ex Parte Valdez

Ex Parte Valdez
Court of Criminal Appeals of Texas · Decided November 10, 2004 · Levinger, Dallas, Norman, Christi, Paul, State'S, Austin, State
158 S.W.3d 438; 2004 Tex. Crim. App. LEXIS 1830; 2004 WL 2538847 (South Western Reporter, Third Series)

Ex Parte Valdez

Opinion

OPINION

PER CURIAM.

In his subsequent application for a writ of habeas corpus, applicant claimed that he is mentally retarded. We determined that applicant had met the requirements of Code of Criminal Procedure Article 11.071, § 5, and we remanded to the trial court for findings of fact and conclusions of law. The trial court held an evidentiary hearing and found that applicant is mentally retarded. The record supports the trial court’s findings. Ex parte Briseno, 135 S.W.3d 1 (Tex.Crim.App. 2004). Accordingly, we grant relief. We reform applicant’s sentence to life imprisonment in the Texas Department of Criminal Justice Correctional Institutions Division.

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