Gov. Rick Perry has commuted the death sentence of...

Gov. Rick Perry has commuted the death sentence of a Houston killer deemed retarded by the courts in a decision that was considered inevitable under a 2002 Supreme Court ruling prohibiting execution of mentally deficient inmates. Robert Smith, 36, who was condemned in Harris County for the 1990 murder of James Michael Wilcox, will be moved to another prison unit to serve a life sentence. It was the 1st time Perry, who has presided over 81 executions since taking office in 2000, has commuted a death sentence. Perry commuted Smith's sentence based on a recommendation from the Texas Board of Pardons and Paroles. The decision had been expected since Harris County District Attorney Chuck Rosenthal had recommended in January that Smith's sentence be reduced after his own expert diagnosed Smith as retarded.