Stevenson, Exzavier Lamont

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-57,059-02 EX PARTE EXZAVIER LAMONT STEVENSON

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 836855-A IN THE 183^RD DISTRICT COURT

HARRIS COUNTY

Per Curiam.

O R D E R

This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

In September 2000, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed the judgment and sentence. Stevenson v. State, 73 S.W.3d 914 (Tex. Crim. App. 2002).

Applicant presented twenty-nine allegations in his application, all of which affect only the punishment phase of his trial. In an application filed subsequent to the instant case, applicant asserted that he is mentally retarded and that his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002), holding that the Eighth Amendment prohibits the execution of the mentally retarded.

Because we hold on this same day that applicant has proven his mental retardation claim and reform his sentence to one of life imprisonment, resolution of the allegations in the instant case have been rendered unnecessary. Thus, applicant's application is dismissed as moot.

IT IS SO ORDERED THIS THE 21^ST DAY OF MARCH, 2007.

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