Davis, Selwyn Preston

• Court: Court of Criminal Appeals of Texas
• Decided: March 12, 2014
• Docket: WR-80,877-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-80,877-01

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EX PARTE SELWYN PRESTON DAVIS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS IN

CAUSE NO. D-1-DC-06-904119-A IN THE 390^TH DISTRICT COURT

TRAVIS COUNTY

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                      Per Curiam.

O R D E R

           In October 2007, a jury convicted applicant of capital murder. The jury answered the punishment issues in such a way that the trial court sentenced applicant to death. This Court affirmed applicant’s conviction and sentence. Davis v. State, 313 S.W.3d 317 (Tex. Crim. App. 2010). Applicant filed his initial application for post-conviction habeas corpus relief in the trial court in May 2010.

           The trial court sent to this Court findings that a writ was pending in the trial court and that applicant had died in July 2012. Further, the court recommended that the writ application be dismissed or permanently abated. Although a death certificate is not in the record, other evidence included in the record of applicant’s death is uncontroverted.

           Because the death of a defendant deprives this Court of jurisdiction, we dismiss the writ application.

           IT IS SO ORDERED THIS THE 12^TH DAY OF MARCH, 2014.

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