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EX PARTE RODRIGUEZ

No. WR-44330-02.

164 S.W.3d 400 (2005)

Ex Parte Steve RODRIGUEZ.

Court of Criminal Appeals of Texas.

June 15, 2005.

Attorney(s) appearing for the Case

Mick Mickelsen, Dallas, for Appellant.

Dan Thornberry & Beth Welsh, Asst. District Attorney's, San Antonio, Matthew Paul, State's Attorney, Austin, for State.

ORDER

PER CURIAM.

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...

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