Baker, Ex Parte James Estes Iii
Opinion
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
K ELLER, 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Filed: September 14, 2011 Do not publish
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