Opinion issued March 31, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00232-CR

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IN RE DONALD GRAY PALMER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

               Relator, Donald Gray Palmer, filed a motion for leave to file a petition for writ of mandamus and a petition for writ of mandamus on March 4, 2005. We grant the motion for leave to file.

               On February 17, 2005, this Court denied relator’s petition for writ of mandamus in which he complained that he filed a timely notice of appeal from his felony conviction in cause number 9402615 that was “denied” by the trial court in January 1995 and not properly processed. In re Donald Gray Palmer, No. 01-05-00087-CR, slip op. at 2 (Tex. App.—Houston [1st Dist.] Feb. 17, 2005, orig. proceeding). Our decision was based on the doctrine of laches.

               Relator argues in his present petition that he diligently pursued relief from the “denial” of his 1995 notice of appeal. We have examined the documents attached to relator’s petition. Our decision regarding relator’s arguments expressed in our February 17, 2005 opinion remains unchanged.

               The petition for writ of mandamus is therefore denied.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).