Deblanc, Ex Parte David Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: March 16, 2005
• Docket: AP-75,113
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,113 EX PARTE DAVID WAYNE DEBLANC, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 15,386-A IN THE 75^TH DISTRICT COURT

LIBERTY COUNTY

Per Curiam.

O P I N I O N

In his subsequent application for a writ of habeas corpus, Applicant claimed that he is mentally retarded. We determined that Applicant had met the requirements of Code of Criminal Procedure Article 11.071, § 5, and we remanded to the trial court for findings of fact and conclusions of law. The trial court found that Applicant demonstrated, by a preponderance of the evidence, that he is mentally retarded. Ex parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004). The record supports the trial court's findings. Id. Accordingly, we grant relief. We reform Applicant's sentence to life imprisonment in the Texas Department of Criminal Justice Correctional Institutions Division.

DELIVERED: March 16, 2005

DO NOT PUBLISH