Kindred v. State - Assault Conviction Appeal
Summary
The Texas Court of Appeals affirmed a conviction for assault family violence, upholding a one-year jail sentence for Herman Lee Kindred. The court found no arguable grounds for appeal after an independent review of the record and counsel's Anders brief.
What changed
The Texas Court of Appeals, Third District, has affirmed the conviction and one-year jail sentence of Herman Lee Kindred for assault family violence. The court's decision follows an independent review of the record, including appellant's pro se response, and confirms that the appeal is without merit, as initially concluded by appellant's court-appointed attorney in a brief filed under Anders v. California.
This ruling means the conviction and sentence stand. For compliance officers, this case reinforces the importance of adhering to criminal statutes related to family violence. While this is a specific case outcome, it highlights the potential consequences of such offenses, including jail time, and the rigorous appellate process that reviews such convictions. No specific actions are required by regulated entities beyond general awareness of criminal justice outcomes.
Penalties
One year in county jail
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March 20, 2026 Get Citation Alerts Download PDF Add Note
Herman Lee Kindred v. the State of Texas
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-24-00473-CR
- Nature of Suit: Assault
Disposition: Affirmed
Disposition
Affirmed
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00473-CR
Herman Lee Kindred, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY
NO. 24CCR01048,
THE HONORABLE JOHN MICHAEL MISCHTIAN, JUDGE PRESIDING
MEMORANDUM OPINION
A jury found Herman Lee Kindred guilty of assault family violence, and the trial
court sentenced him to one year in county jail. See Tex. Penal Code § 22.01(a)(1).
Appellant’s court-appointed attorney has filed a motion to withdraw supported by
a brief concluding that the appeal is frivolous and without merit. The brief meets the
requirements of Anders v. California by presenting a professional evaluation of the record
demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967);
Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 81–82 (1988). Appellant’s counsel has certified to this Court that she sent copies of
the motion and brief to appellant, provided a motion to assist appellant in obtaining the appellate
record, and advised appellant of his rights to examine the appellate record, file a pro se brief, and
pursue discretionary review following the resolution of the appeal in this Court. See Kelly
v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744.
Appellant filed a pro se response with the Court on July 9, 2025.
We have conducted an independent review of the record, including the record of
the proceedings below, appellate counsel’s brief, and appellant’s pro se response, and we find no
reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State,
178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record
presents no arguably meritorious grounds for review, and the appeal is frivolous.
Counsel’s motion to withdraw is granted. The trial court’s judgment of
conviction is affirmed.
Maggie Ellis, Justice
Before Chief Justice Byrne, Justices Crump and Ellis
Affirmed
Filed: March 20, 2026
Do Not Publish
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