PENRY, v. LYNAUGH

PER CURIAM:

The Supreme Court has concluded that the jury was not provided with a vehicle for responding to the mitigating evidence of Penry's mental retardation and abused background, and the Court has ordered that Penry be resentenced. Penry v. Lynaugh, ___ U.S. ___, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989).

Accordingly, the district court's judgment denying the writ is reversed, and the cause is remanded to that court for an order complying with the directions of the Supreme Court.