EX PARTE RAMIRO HERNANDEZ, a.k.a. RAMIRO HERNANDEZ LLANAS (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-63,282-01

EX PARTE RAMIRO HERNANDEZ, a.k.a. RAMIRO HERNANDEZ LLANAS

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. A97-364-1 IN THE 216TH DISTRICT COURT

OF KERR COUNTY

Per curiam. HERVEY, J., not participating.

O R D E R

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

On February 10, 2000, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. The conviction was affirmed on direct appeal. Hernandez v. State, No. AP-73,776 (Tex. Crim. App. 2002)(not designated for publication).

Applicant presents thirty-seven allegations in his application. The trial court did not hold a live hearing and made findings of fact and conclusions of law recommending that the application be denied. We remanded this cause to the trial court for a live hearing on Applicant's twelfth claim, in which he alleged that his death sentence violates the United States Constitution because he is mentally retarded. Atkins v. Virginia, 536 U.S. 304 (2002). The trial court held a live hearing, made supplemental findings of fact and conclusions of law that Applicant failed to show that he is mentally retarded, and recommended that this application be denied. We have reviewed the record of the hearing and the trial court's supplemental findings of fact and conclusions of law on the mental retardation issue. We have also reviewed the trial court's findings of fact and conclusions of law on Applicant's remaining thirty-six claims. We adopt the trial court's findings and conclusions and deny the application.

IT IS SO ORDERED THIS THE 10TH DAY OF SEPTEMBER, 2008.

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