Ex Parte Eduardo Benavides--Appeal from 144th Judicial District Court of Bexar County

No. 04-98-00823-CR
EX PARTE Eduardo M. BENAVIDES
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 98-W-0250
Honorable Susan D. Reed, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: November 25, 1998

DISMISSED FOR LACK OF JURISDICTION

Appellant seeks to appeal a trial court's order denying his application for writ of habeas corpus for lack of jurisdiction. This court does not have jurisdiction to review the denial of an application for writ of habeas corpus; we only have jurisdiction to review a ruling addressing the merits of a habeas claim. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991); see also Tex. Civ. Prac. & Rem. Code Ann. 14.005 (Vernon Supp. 1998) (establishing procedure for obtaining judicial review of grievance system decision regarding inmate's claim); Tex. Gov't Code Ann. 50.002(d) (Vernon 1998) (establishing procedure for judicial review of claims relating to an inmate's destruction of property). Therefore, on October 12, 1998, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.

On November 2, 1998, appellant responded, contending that the application was a "civil" proceeding and was properly returnable to the 144th Judicial District Court. The appellant states that his case is similar to Rabago v. State, No. 04-93-00473-CR (Tex. App.--San Antonio 1993, no pet.) (not designated for publication). We disagree. In Rabago, the appellant was appealing the trial court's refusal to reduce his bond after the trial court held a hearing on the merits of his habeas application. See id. In this case, the trial court issued an order noting that it lacked jurisdiction over the habeas application. The trial court never considered the merits of appellant's application.

Because this court's jurisdiction is limited to reviewing trial court rulings that address the merits of a habeas claim, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

Return to
4th Court of Appeals Opinions