in Re Sergio Salinas ( 2003 )

Opinion issued September 4, 2003

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-03-00823-CV

01-03-00824-CV

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IN RE SERGIO SALINAS, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

Relator, Sergio Salinas, contends that he was unrepresented by counsel when he was convicted in 1996 in cause number 718598 in the 177th District Court. He further contends that his conviction in that cause was unlawfully used to enhance his punishment in his 2001 prosecutions in cause numbers 860542, 860905, and 872286 in the 179th District Court. Respondents are the Honorable Carol Davies, Judge of the 177th District Court of Harris County, and the Honorable Michael Wilkinson, Judge of the 179th District Court of Harris County.

Although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles. In re Little, 998 S.W.2d 287, 289 (Tex. App.--Houston [1st Dist.] 1999, orig. proceeding). One such principle is that "[e]quity aids the diligent and not those who slumber on their rights." Little, 998 S.W.2d at 289-90 (quoting Rivercenter Assoc. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993)). Relator's claims all stem from an alleged deprivation of counsel that occurred seven years ago. Mandamus relief is barred by laches.

The petition for writ of mandamus is therefore denied.

It is so ORDERED.  

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.