Ex parte JAMES ESTES BAKER III (dissenting)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. AP-76,627

Ex parte JAMES ESTES BAKER III, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 526054-B IN THE 209TH DISTRICT COURT

FROM HARRIS COUNTY

Keller, P.J., filed a dissenting opinion.

This case is in a confusing procedural posture. The present application was filed in the trial court under the cause number for a kidnapping offense. Applicant has discharged the sentence in the kidnapping case. He is on parole for a separate robbery conviction, and it is to this parole that the complained-of sex-offender conditions are attached.

Because the sentence for the kidnapping offense has been discharged, this application should be dismissed. Applicant should file a habeas application in the robbery case to properly bring his complaint about the sex-offender conditions.

I respectfully dissent.



Filed: September 14, 2011

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