Carr, Ex Parte Darrell Glenn

• Court: Court of Criminal Appeals of Texas
• Decided: February 28, 2007
• Docket: AP-75,627
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP-75,627 EX PARTE DARRELL GLENN CARR ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 644434-B FROM THE

176 ^TH DISTRICT COURT OF HARRIS COUNTY

Per Curiam.

OPINION

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 that he is mentally retarded and may not be executed. We remanded his claim to the convicting court for resolution.

Applicant was convicted of capital murder on December 2, 1992. We affirmed the conviction and sentence. Carr v. State, No. 71,634 (Tex. Crim. App. May 17, 1995). On October 27, 1997, applicant timely filed his initial application for writ of habeas corpus. We denied relief. Ex parte Carr No. WR-55,033-01 (Tex. Crim. App. March 26, 2003). On the

CARR -2-

same day this Court reviewed applicant's subsequent application, found it me the requirements of Article 11.071, Section 5 and remanded the matter to the convicting court for resolution of the claim. Ex parte Carr No. WR-55,033-02 (Tex. Crim. App. March 26, 2003).

The convicting court has returned the case to this Court with its findings of fact. We have reviewed the record of the proceedings on remand. The convicting court's findings of fact and conclusions of law are supported by the record and we adopt them as our own. We conclude that applicant is mentally retarded and may not be executed. Accordingly, we grant relief. We reform applicant's sentence to life imprisonment in the Texas Department of Criminal Justice Correctional Institutions Division.

IT IS SO ORDERED THIS THE 28^TH DAY OF FEBRUARY, 2007.

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