Opinion

Alejandrez, Delfino

Court
Court of Criminal Appeals of Texas
Filed
Sep 3, 2026
Status
Published
Nature of suit
11.07 HC
Cited by
0 cases

The opinion

In the Court of Criminal Appeals of

Texas

════════════

No. WR-96,666-01

════════════

EX PARTE DELFINO ALEJANDREZ, Applicant

═══════════════════════════════════════

On Application for Writ of Habeas Corpus

In Cause No. 916298-A

In the 339th District Court

Harris County

═══════════════════════════════════════

YEARY, J., filed a dissenting opinion in which FINLEY and

PARKER, JJ., joined.

Twenty-two years after the judgment of the trial court in this

case, and eight years after he completed his sentence, Applicant seeks

the assistance of the writ of habeas corpus from this Court. Specifically,

he hopes to secure relief from his sentence in this case on the ground

that his trial attorney provided constitutionally ineffective assistance.

He seeks the aid of this Court in the hope of mitigating his impending

ALEJANDREZ – 2

punishment in a more recent criminal case brought against him in

federal court.

The equities do not favor Applicant’s request. His application for

habeas relief should be denied under the doctrine of laches. Because the

Court, instead, grants him relief, I respectfully dissent.

I. BACKGROUND

On July 11, 2002, Applicant was found guilty of aggravated

robbery by a jury. At trial, Applicant submitted a motion for probation

and a sworn application for community supervision. He also sought to

be sentenced by the trial court instead of by the jury. Applicant now

claims to have waived jury punishment in this case based on his trial

counsel’s erroneous belief that a judge could grant probation or

community supervision.1 At the punishment phase, the trial judge

sentenced Applicant to a term of confinement for sixteen years.

Applicant timely pursued a direct appeal. Alejandres v. State, No.

01-02-01029-CR, 2004 WL 36772 (Tex. App.—Houston [1st Dist.]

Jan. 8, 2004, no pet.) (mem. op., not designated for publication). The

court of appeals overruled his single point of error, complaining about

the legal and factual sufficiency of the evidence. It then affirmed the

judgment of the trial court. Id. at *5.

1

TEX. CODE CRIM. PROC. art. 42.12, repealed by, Acts 2015, 84th Leg., ch.

770 (H.B. 2299), § 3.01, effective January 1, 2017.

ALEJANDREZ – 3

Now, all these years later, and after his sentence of imprisonment

in this case has discharged, Applicant is seeking habeas relief from this

Court. See TEX. CODE CRIM. PROC. art. 11.07. In an unrelated and more

recent federal criminal case filed against him, Applicant has now

received a federal presentencing investigation report that revealed it

was legally impermissible for the trial judge who sentenced him in this

case to have placed him on probation or community supervision in

2002. 2 Applicant is not complaining about the process that led to his

judgment of guilt in this case. He seeks only a new opportunity to face

punishment from a jury instead of the trial court judge.

Applicant has apparently become concerned about his sentence

only now that he has learned that his 2002 sentence that has already

discharged will result in his receiving three points added for purposes

of sentencing in the more recent criminal case brought against him in

federal court.3 Applicant seeks our aid in attempting to create a more

2

A Presentencing Report follows an investigation and summarizes

information such as criminal history, social history, and applicable Federal

Sentencing Guidelines. UNITED STATES COURTS, Presentencing Investigations, THE

PRESENTENCE REPORT, https://www.uscourts.gov/about-federal-

courts/probation-and-pretrial-services/presentence-investigations (last visited

September 1, 2026); see 18 U.S. Code § 3552.

3

Three points are added for each prior sentence of imprisonment exceeding

one year and one month (13 months). 8 USCS Appx § 4A1.1(a). Had Applicant

received probation or community supervision, he would not have received the three

points for purposes of federal sentencing.

ALEJANDREZ – 4

favorable set of circumstances in which to face sentencing in his new

federal case. But he has waited a very long time to do so, and the

circumstances have now changed in ways that have compromised the

State’s ability to obtain a just punishment in this case.

II. LACHES BARS RELIEF

In the past, we have found it appropriate to apply the doctrine of

laches in the post-conviction context because “equity aids the diligent

and not those who slumber on their rights.” Ex parte Moreno, 245

S.W.3d 419, 428–29 (Tex. Crim. App. 2008); see Ex parte Carrio, 992

S.W.2d 486, 487 n.2 (Tex. Crim. App. 1999). When determining

whether to apply laches to a particular case, factors such as the length

of the applicant’s delay in filing the application, the reasons for the

delay, and the degree and type of prejudice resulting from the delay are

relevant. Dragoo v. State, 96 S.W.3d 308, 314 (Tex. Crim. App. 2003).

Because we are determining whether fairness and equity weigh in favor

of granting relief, no single factor is dispositive. Id.

This Court has adopted a “sliding scale” approach when

weighing delay against prejudice suffered by the State. Ex parte Perez,

398 S.W.3d 206, 218 (Tex. Crim. App. 2013). This means the longer an

applicant delays in filing his habeas corpus application, the less evidence

the State must put forth to demonstrate that it has been prejudiced. Id.

A. Unreasonable Delay

ALEJANDREZ – 5

The doctrine of laches becomes relevant when an application for

writ of habeas corpus is filed five or more years after judgment is

entered in a criminal case. Perez, 398 S.W.3d at 216 & n.12 (generally

accepting that an unexplained five-year delay will usually be considered

unreasonable). This is because applicants have a duty to pursue their

claims with diligence. Id. at 217.

Applicant argues that laches should not prevent his twenty-two-

year late application because he only recently discovered the ineffective

assistance of his counsel in his 2002 trial. He argues that his prompt

filing of the writ upon discovery makes laches inapplicable. However,

this Court has, in other cases, determined that delays of durations

similar to Applicant’s were unreasonable. Ex parte Hill, 711 S.W.3d 221,

225 (Tex. Crim. App. 2025) (holding that laches applied in a twenty-

three-year delay); Ex parte Wells, 730 S.W.3d 419 (Tex. Crim. App.

2026) (holding that laches applied for an unexplained fourteen-year

delay).

Applicant also does not present a reasonable excuse for his delay.

There is nothing in the record to indicate, nor did the trial court find,

that Applicant could not have pursued this claim earlier had he more

timely examined the record. Applicant has already completed serving

his original sentence in this case. And the circumstances affecting the

State’s ability to seek a just sentence in this case have changed

dramatically.

ALEJANDREZ – 6

Applicant’s delay is not automatically justified by the fact that his

trial counsel’s error was only made known to him after the federal

government prepared a presentencing investigation report in a more

recent criminal case. Neither does Applicant make any good argument

or cite any compelling authority as to why we should ignore his lack of

diligence in pursuing post-conviction relief.

B. Prejudice to the State

Applying the sliding-scale approach, it is clear to me that the

State’s prejudice weighs in favor of denying Applicant’s writ

application. The longer the delay of an applicant in filing a writ, the less

prejudice the State must show. Since Applicant waited twenty-two

years to apply for a writ, the State’s burden to show prejudice is low.

See Hill, 711 S.W.3d at 225 (explaining that a twenty-three-year delay

resulted in the State’s burden of prejudice being low).

Based on the record in this case, the State meets its burden. The

complainant in this case is incarcerated in another state and is

potentially unavailable to testify. The State argues that the

complainant’s incarceration could impact the jury’s perception of his

credibility. Also, the State is concerned that the new jury’s perceptions

of the crime and the victim would not be the same as they were over

twenty years ago, as the complainant is no longer a young teen.

Furthermore, other witnesses have been impacted by the passage of

time. One of the eyewitnesses is now deceased. The investigator, who

ALEJANDREZ – 7

originally interviewed the complainant after he was shot by Applicant,

has not been located by the State.

While it is true, as the trial court stated in its findings, that the

State has access to the transcripts of the witnesses’ previous testimony,

transcripts are not the same as in-person testimony given directly by

witnesses. As observed in another case, the availability of transcripts

does not eliminate all prejudice suffered by the State. Wells, 730 S.W.3d

at 421 (Parker, J., concurring). This is because a jury will not be able to

observe a witness’s demeanor and tone. Id. at 422.

Finally, there is an increased chance that anyone called upon to

impose a new sentence against Applicant now, at least twenty-two years

after the crime and judgment of guilt in this case, will consider

probation to be a more reasonable option than they may have believed

nearer in time to the crime and his trial. This risk, due to Applicant’s

long-time delay, is not insubstantial. Even if the sentencer is not made

aware of the full sentence of incarceration that Applicant has already

served for his crime in this case, there may be a tendency in any new

sentencer to think that, if no sentence has been imposed for the crime

until now, there might be little risk in granting him probation.

C. Interest in Finality

The State also has a legitimate interest in finality. Perez, 398

S.W.3d at 208. This is especially true in cases like this where an

applicant is seeking to undo a sentence only to leverage a potentially

ALEJANDREZ – 8

new sentencing outcome in his case against his yet-to-be-determined

sentence in a new criminal case pending against him. Hill, 711 S.W.3d

at 226–27. Here, Applicant has completed his sentence and only now

pursues a remedy because he faces heightened punishment from the

federal government in a more recent criminal case. In these

circumstances, equity does not favor Applicant’s late request for relief.

III. CONCLUSION

Laches is an equitable doctrine that exists to prevent individuals

from sleeping on their rights, to prevent prejudice to a party, and to

encourage finality. An applicant should not be permitted to sleep on his

rights for years and years and then ask this Court to allow him to

relitigate an issue—in this case fully two-decades later—once time

fades the memory of witnesses and creates the potential for a new

sentencer to draw a conclusion that Applicant presents no risks if

probation is granted.4 The doctrine of laches should bar the application

for writ of habeas corpus relief in this case.

4

When adopting the doctrine of laches in Carrio, we reasoned that when

“claims are asserted after the passage of many years, attorneys for the defendant …

[have] little or no recollection about what took place[.]” 992 S.W.2d at 487. Here,

trial counsel for Applicant explained while testifying as a witness at the habeas

hearing that he does not have any independent recollection of the trial, trial strategy,

or client.

ALEJANDREZ – 9

The Court should deny relief. Because it refuses to do so and instead

grants Applicant the relief he requests where equity clearly favors

denial, I respectfully dissent.

FILED: September 3, 2026

PUBLISH

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.