Herman Lee Kindred a/k/a Poncho v. The State of Texas Appeal from 27th District Court of Bell County (memorandum opinion)
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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Justice Before Chief Justice Rose, Justices Field and Bourland Dismissed for Want of Jurisdiction Filed: April 27, 2017 Do Not Publish 2
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