WR-24,852-03

This is a subsequent application for habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts three claims, that he is mentally retarded and cannot be executed, that he was denied due process, and that he is actually innocent.

Applicant was convicted of capital murder in November 1984. We affirmed the conviction and sentence. Sosa v. State, 769 S.W.2d 909 (Tex.Crim.App. 1989). On May 17, 1993, applicant filed his initial application for writ of habeas corpus pursuant to Article

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11.071. We denied relief. Ex parte Sosa, No. WR-24,852-01 (Tex.Crim.App. May 30, 1995). Applicant filed a subsequent application for habeas corpus on October 14, 1999. The application was dismissed as an abuse of the writ on November 10, 1999.

We have reviewed this subsequent application and find that the first and third claims meet the requirements for consideration under the provisions of Article 11.071, section 5. The case is remanded to the convicting court to resolve the factual issues raised by this application according to Article 11.071, sections 7 through 9.

IT IS SO ORDERED THIS THE 10^TH DAY OF MAY, 2006.

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