Simms, Demetrius Lott

• Court: Court of Criminal Appeals of Texas
• Decided: February 28, 2007
• Docket: WR-56,811-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP - 75,625 EX PARTE DEMETRIUS LOTT SIMMS ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 0605233-B FROM THE

209 ^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 March 7, 1996. We affirmed the conviction and sentence. Simms v. State, No. 72,421 (Tex. Crim. App. January 13, 1999). During the pendency of his initial application for writ of habeas corpus, applicant filed this new claim that he is mentally retarded and may not be executed. We determined that this

SIMMS -2-

claim met the requirements for consideration under Article 11.071, Section 5 and remanded the matter to the convicting court for resolution of the claim. Ex parte Simms, WR-56,811-01 (Tex. Crim. App. September 10, 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. The relief applicant seeks is granted.

Applicant's sentence is reformed from death to life imprisonment.

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

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