Ex Parte Elizabeth Scott Richard--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-532 CR
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EX PARTE ELIZABETH SCOTT RICHARD
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 95089
MEMORANDUM OPINION

On December 6, 2005, the trial court denied Elizabeth Scott Richard's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. Richard did not file a response.

No appeal lies from the refusal to issue writ of habeas corpus unless the trial court conducts an evidentiary hearing on the merits of the application. See Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Noe v. State, 646 S.W.2d 230 (Tex. Crim. App. 1983). The trial court did not issue a writ of habeas corpus, nor did the court conduct an evidentiary hearing on the application for the writ. Compare Ex parte Silva, 968 S.W.2d 367 (Tex. Crim. App. 1998); Ex parte McCullough, 966 S.W.2d 529 (Tex. Crim. App. 1998). We hold we have no jurisdiction over this appeal. Accordingly, it is ordered that the appeal be dismissed for want of jurisdiction.

APPEAL DISMISSED.

 

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STEVE McKEITHEN

Chief Justice

 

Opinion Delivered February 8, 2006

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.