Rodriguez, Steve ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. 44,330-02

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EX PARTE STEVE RODRIGUEZ

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HABEAS CORPUS APPLICATION FROM BEXAR COUNTY

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Per Curiam. Hervey, J., not participating. Holcomb, J., dissents. Cochran, J., filed a statement concurring in the denial of relief in which Price, J., joined.

ORDER  

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, § 5. This cause was remanded to the convicting court for consideration of applicant's claim that he is mentally retarded and his execution would violate the United States Constitution.

The convicting court conducted a hearing, in which the applicant and the State presented the testimony of witnesses and introduced exhibits in support of their respective positions. After

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consideration, the judge of the convicting court entered his findings of fact and conclusions of law. The trial judge recommended that relief be denied.

This Court has reviewed the record with respect to applicant's allegations. We adopt the trial judge's findings and conclusions. Applicant has failed to show, by a preponderance of the evidence, that he has adaptive behavioral deficits sufficient to be considered mentally retarded or to place him in that category of persons for whom a national consensus against execution exists. See Atkins v. Virginia, 536 U.S. 304, 317, 122 S.Ct. 2242, 2250 (2002). Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

IT IS SO ORDERED THIS THE 15^TH DAY OF JUNE, 2005.

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