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 in November 1985. We affirmed the conviction and sentence on direct appeal. Robinson v. State, 851 S.W.2d 216 (Tex. Crim. App. 1991). On November 22, 2001, applicant filed his initial application for writ of habeas

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corpus pursuant to Article 11.071. ⁽¹⁾ This writ was received in this Court on February 2, 2003, raising two claims. We found that the claim that applicant was mentally retarded met the requirements for consideration under Article 11.071, Section 5 and remanded to the convicting court for resolution of the claim. The other claim was dismissed. The convicting court has returned the record to this Court.

The convicting court found that applicant had not shown by a preponderance of the evidence that he was mentally retarded and recommended that relief be denied. We have reviewed the record and hold that the findings of the convicting court are supported by the record and we adopt them as our own. Relief is denied.

IT IS SO ORDERED THIS THE 23^RD DAY OF MAY, 2007.

Do Not Publish

1. The Order of the convicting court forwarding this subsequent application to this Court states that applicant filed an initial application for writ of habeas corpus on January 22, 2001. However, in the application now before us, applicant alleges his initial application which is still pending in the convicting court was filed there in 1996 and amended in 1998.