EX PARTE OSWALDO REGALADO SORIANO (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,313-01

EX PARTE OSWALDO REGALADO SORIANO

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 82-88-C IN THE 251ST JUDICIAL DISTRICT COURT

OF RANDALL COUNTY

Per curiam.

O R D E R

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

A jury convicted applicant of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and on May 4, 1994, the convicting court sentenced applicant to death. This Court affirmed applicant's conviction and sentence on direct appeal. Soriano v. State, No. AP-71, 914 (Tex. Crim. App., Sept. 18, 1996) (not designated for publication).

Applicant presents six allegations in his application in which he challenges the validity of his conviction and resulting sentence. An evidentiary hearing was held, and the convicting court entered findings of fact and conclusions of law. In supplemental findings of fact and conclusions of law, the convicting court noted that the Governor had commuted applicant's sentence to life based on the fact that he was seventeen when he committed the instant crime. Thus, the convicting court suggested that the trial court's findings of fact and conclusions of law addressing the merits of applicant's allegations concerning punishment might have been rendered moot. However, it recommended that the application be denied in its entirety.

This Court has reviewed the record with respect to the allegations made by applicant. Concerning applicant's first ground for relief, because the trial court's findings of fact and conclusions of law were made before recent developments that have clarified our understanding of the applicable law, we do not rely on them. Based upon our independent review of the record, applicant's first allegation is denied. And because the remainder of applicant's claims challenge the punishment proceeding, they are dismissed as moot.

IT IS SO ORDERED THIS THE 29TH DAY OF OCTOBER, 2008.

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