Alexander, Dion Delon ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-79,623-02

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EX PARTE DION DELON ALEXANDER, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 44876-A IN THE 27^TH DISTRICT COURT FROM BELL COUNTY

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Per curiam.  

O R D E R  

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of attempted capital murder and sentenced to life imprisonment.

On June 26, 2013, this Court remanded this application to the trial court for findings of fact and conclusions of law. On October 23, 2013, the trial court made findings of fact and conclusions of law recommending that relief be denied. The trial court made alternative findings and conclusions with respect to Applicant's ineffective assistance of trial counsel claims. The trial court recommended that relief be denied on the merits, and, alternatively, on the basis of the doctrine of laches. See, Ex parte Perez, 398 S.W.3d 206 (Tex. Crim. App. 2013).

This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial court's findings and conclusions of law, except for findings #91 through #122, and conclusions #2 through #5, which are the trial court's findings and conclusions addressing the merits of Applicant's ineffective assistance of trial counsel claims. This Court agrees with trial court's findings and conclusions to the effect that Applicant's ineffective assistance of trial counsel claims are barred by the doctrine of laches. Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: December 18, 2013

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