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

On October 22, 1992, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996). In December 1997, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Rachal, No. 60,394-01 (Tex. Crim. App. March 23, 2005).

In a single allegation in this subsequent application, applicant asserts that he is entitled to relief from his death sentence because he presented significant mitigating evidence related to his moral culpability and the appropriateness of a death sentence that could not have been given full effect by the sentencing jury. See Penry v. Johnson, 532 U.S. 782 (2001). We have reviewed the application and find that the allegation satisfies the requirements of Article 11.071 § 5. Accordingly, we remand the application to the trial court for consideration of Applicant's claim.

IT IS SO ORDERED THIS THE 23^RD DAY OF SEPTEMBER, 2009.

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