This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.
On November 6, 2002, applicant entered a plea of guilty to the November 7, 2001 murder of Ismail Matlkah during the commission of a convenience store robbery. The trial court instructed the jury to find applicant guilty of the offense of capital murder committed in the course of committing or attempting to commit a robbery. At punishment, the jury answered the special issues submitted pursuant to 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. Hamilton v. State, No. AP-74,523 (Tex. Crim. App. Oct. 13, 2004)(not designated for publication).
This Court denied applicant's initial post-conviction application for writ of habeas corpus. Ex parte Hamilton, No. WR-78,114-01 (Tex. Crim. App. June 25, 2015)(not designated for publication). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on December 11, 2017.
Applicant presents three allegations in his subsequent application. We have reviewed the application and supporting documents and find that one allegation satisfies the requirements for consideration of a subsequent application under Texas Code of Criminal Procedure Article 11.071, § 5. Claim number one, that recently tested fingerprint evidence establishes applicant's innocence of an extraneous capital murder introduced at punishment, is remanded to the trial court for consideration.
IT IS SO ORDERED THIS THE 12 DAY OF SEPTEMBER, 2018. Do Not Publish