This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5.

Applicant was convicted of capital murder on July 20, 1994. We affirmed the conviction and sentence on direct appeal. Pondexter v. State, 942 S.W.2d 577 (Tex. Crim. App. 1996). Applicant's initial application for writ of habeas corpus, filed pursuant to Article 11.071, was denied. Ex parte Pondexter, No. WR-39,706-01 (Tex. Crim. App. January 27, 1999).

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 19^TH DAY OF MARCH, 2008.

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