Ex Parte Wesbrook

Full title: EX PARTE COY WAYNE WESBROOK

Court: Court of Criminal Appeals of Texas

Date published: Mar 21, 2007

No. WR-52,120-02 (Tex. Crim. App. Mar. 21, 2007)

Opinion

No. WR-52,120-02

March 21, 2007. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus, In Cause No. 768,395 In the 228 ^th District Court Harris County.

PER CURIAM.

ORDER

This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071. In June 1998, a jury convicted applicant of capital murder. The jury answered the special issues submitted pursuant to Code of Criminal Procedure article 37.071, and the trial court set punishment at death. This Court affirmed. Wesbrook v. State, 29 S.W.3d 103 (Tex.Crim.App. 2000). In June 2002, this Court denied relief on Applicant's initial application for writ of habeas corpus filed in accord with Article 11.071. Applicant filed this subsequent application for writ of habeas corpus alleging that he is mentally retarded and that, therefore, his execution would violate the Eighth Amendment to the United States Constitution based on Atkins v. Virginia, 536 U.S. 304 (2002). On September 10, 2003, this Court remanded the cause to the trial court for consideration of Applicant's claim. On remand, the trial court considered evidence concerning the claim, after which it entered findings of fact and conclusions of law recommending that relief be denied. This Court has reviewed the record. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied. IT IS SO ORDERED THIS THE 21^ST DAY OF MARCH, 2007.