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Holcomb, J., delivered the opinion of the Court, in which Keller, P.J., and Price, Womack, Johnson, Keasler, Hervey, and Cochran, JJ., joined. Meyers, J., dissented.

Appellant was convicted of capital murder in October 1989 for an offense committed in July 1983.*fn1 Tex. Penal Code Ann. §19.03(a)(2). Pursuant to the jury’s answers to the statutory punishment issues, the trial court sentenced appellant to death. Art. 37.071 §2(e).*fn2 This conviction and sentence were affirmed on direct appeal. Martinez v. State, 867 S.W.2d 30 (Tex. Crim. App. 1993). In September 2007, this Court granted habeas corpus relief, set aside appellant’s death sentence, and remanded the case to the trial court for a new punishment hearing. Ex parte Martinez, 233 S.W.3d 319 (Tex. Crim. App. 2007) (granting a new punishment hearing because the jury did not have a vehicle through which to give meaningful consideration to appellant’s constitutionally relevant mitigating evidence).

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