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Herman Lee Kindred v. State
03-17-00226-CR
Tex. App.
Apr 27, 2017
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*1 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

M E M O R A N D U M O P I N I O N 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 *2 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Do Not Publish

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Case Details

Case Name: Herman Lee Kindred v. State
Court Name: Court of Appeals of Texas
Date Published: Apr 27, 2017
Docket Number: 03-17-00226-CR
Court Abbreviation: Tex. App.
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