Ex Parte Kimes

OPINION

CAMPBELL, Judge.

A jury convicted applicant Scott Kimes of murder for remuneration or the promise thereof, a capital offense under Texas Penal Code § 19.03(a)(3). The jury was unable to answer the second special issue; therefore, the trial court assessed punishment at life imprisonment. See Tex.Code Crim.Proc. art. 37.071(e) (1987). The Thirteenth Court of Appeals affirmed applicant’s conviction. Kimes v. State, 740 S.W.2d 903 (Tex.App.—Corpus Christi 1987). We ordered applicant’s post-conviction application for writ of habeas corpus1 filed and set for submission to consider whether the…