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Click here for the full text of this decision FACTS:On Jan. 21, 1986, the applicant for writ of habeas corpus was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071(b), and the trial court set punishment at death. This court affirmed applicant’s conviction and sentence on direct appeal. On June 22, 2005, the governor commuted the applicant’s death sentence to life imprisonment because the applicant was 17 years old at the time he committed the offense of capital murder. HOLDING:The court denies relief on applicant’s allegations pertaining to the guilt or innocence phase of his trial and dismisses as moot applicant’s allegations pertaining to the punishment phase of his trial. The applicant presents six allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court did not hold an evidentiary hearing. The trial court adopted the state’s proposed findings of fact and conclusions of law recommending that the application be dismissed for lack of jurisdiction. The court disagrees. This court was vested with appellate jurisdiction at the time applicant was convicted of capital murder and sentenced to death. “Texas Code of Criminal Procedure Chapter 48 does not alter our appellate jurisdiction when the governor grants commutation of punishment.” After reviewing the record with respect to the allegations made by applicant, the court denies relief on applicant’s allegations pertaining to the guilt or innocence phase of his trial. The court dismisses as moot applicant’s allegations pertaining to the punishment phase of his trial. OPINION:Per curiam. Meyers, J., not participating.

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