Summary
dismissing appeal on actual innocence grounds for want of jurisdiction
Summary of this case from Alley v. StateOpinion
NO. 03-17-00224-CR NO. 03-17-00225-CR NO. 03-17-00226-CR
04-27-2017
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 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.
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Field and Bourland Dismissed for Want of Jurisdiction Filed: April 27, 2017 Do Not Publish