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Filed: September 14, 2011 Do not publish