Herman Lee Kindred v. State ( 2017 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00224-CR
NO. 03-17-00225-CR
Herman Lee Kindred, Appellant
v.
State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NOS. 30111 & 30312, HONORABLE WILLIAM BLACK, JUDGE PRESIDING
NO. 03-17-00226-CR
Herman Lee Kindred, Appellant
v.
State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 30721, HONORABLE C.W. DUNCAN, JUDGE PRESIDING
MEMORANDUM OPINION
Herman Lee Kindred filed notices of appeal from his 1984 judgments of conviction
for the offenses of burglary of a habitation and forgery by passing, and his 1982 judgment of
conviction for burglary of a motor vehicle. The substance of Kindred’s notices of appeal show that
he is seeking post-conviction habeas corpus relief based on his claims of “actual innocence.” See
Tex. Code Crim. Proc. art. 11.07. However, this Court has no jurisdiction to grant any such relief
here. See Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985) (“It is well established
that only the Court of Criminal Appeals possesses the authority to grant relief in a post-conviction
habeas corpus proceeding where there is a final felony conviction.”); In re McAfee, 53 S.W.3d 715,
718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (“Article 11.07 contains no role for the
courts of appeals; the only courts referred to are the convicting court and the Court of Criminal
Appeals.”). Accordingly, we dismiss these appeals for want of jurisdiction.
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Field and Bourland
Dismissed for Want of Jurisdiction
Filed: April 27, 2017
Do Not Publish
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