Opinion
NO. 03-16-00163-CRNO. 03-16-00164-CRNO. 03-16-00165-CRNO. 03-16-00166-CR
04-01-2016
Herman Lee Kindred, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 37588, HONORABLE JOE CARROLL, JUDGE PRESIDINGFROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 37112, HONORABLE JACK W. PRESCOTT, JUDGE PRESIDINGFROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 41248, HONORABLE RICK MORRIS, JUDGE PRESIDINGFROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 43482, HONORABLE WILLIAM BLACK, JUDGE PRESIDINGMEMORANDUM OPINION
In the above causes, appellant Herman Lee Kindred has filed notices of appeal from a 1989 judgment of conviction for the offense of bail jumping, a 1989 burglary charge that was ultimately dismissed, and two 1993 judgments of conviction for the offense of theft. Following his second theft conviction in 1993, Kindred was sentenced to life imprisonment as a habitual offender. The content of his notices of appeal reflect that Kindred is seeking what is substantively post-conviction habeas-corpus relief from what he contends is an "illegal sentence." However, this Court has no jurisdiction to grant any such relief here. Accordingly, we dismiss these appeals for want of jurisdiction.
See Tex. Code Crim. Proc. art. 11.07.
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."). --------
/s/_________
Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Jurisdiction Filed: April 1, 2016 Do Not Publish