EX PARTE RICHARD VASQUEZ v. <<

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Court of Criminal Appeals of Texas.

EX PARTE RICHARD VASQUEZ, Applicant

NO. WR-59,201-03

Decided: March 23, 2016

ORDER

This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.

In June 1999, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Vasquez v. State, No. AP-73,461 (Tex. Crim. App. Oct. 3, 2001)(not designated for publication). This Court denied relief on applicant's initial post-conviction application for a writ of habeas corpus, and it dismissed a subsequent writ application in the same order. Ex parte Vasquez, Nos. WR-59,201-01 and WR-59,201-02 (Tex. Crim. App. Jan. 26, 2005)(not designated for publication).

On April 15, 2015, applicant filed in the trial court this his second subsequent application for a writ of habeas corpus. After reviewing applicant's habeas application, we have determined that the claims raised meet the dictates of Article 11.071 § 5. Therefore, the application is remanded to the trial court for a review on the merits.

IT IS SO ORDERED THIS THE 23RD DAY OF MARCH, 2016.

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