Carpenter, David Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: September 22, 2004
• Docket: WR-49,656-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 49,656-03 EX PARTE DAVID LYNN CARPENTER

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

Per Curiam.

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

On March 23, 1999, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Carpenter v. State, No. 73,442 (Tex. Crim. App. October 24, 2001).

Applicant presents two allegations. The record reflects that Applicant is currently challenging his conviction by way of a federal petition for writ of habeas corpus relief in Cause No. 3-02-CV-1145-H, styled David Lynn Carpenter v. Douglas Dretke, in the United States District Court for the Northern District of Texas, Dallas Division. The record also reflects that on April 15, 2004, the federal district court entered an order staying its proceedings for Applicant to return to state court to consider his current unexhausted claims. Therefore, this Court may have jurisdiction to consider this subsequent state application. Ex parte Soffar, No. 29,980-02 (Tex. Crim. App. February 11, 2004).

We have reviewed the application and find that the allegations satisfy the requirements of Article 11.071, § 5(a), Tex. Code Crim. Proc. Accordingly, we find that the requirements for consideration of a subsequent application have been met and the cause is remanded to the trial court for consideration of the allegations.

IT IS SO ORDERED THIS THE 22^ND DAY OF SEPTEMBER, 2004.

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