Ex Parte David Edwards--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-127 CR
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EX PARTE DAVID EDWARDS
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 74476
MEMORANDUM OPINION

On January 17, 2006, the trial court refused to consider David Edwards's application for writ of habeas corpus. The trial court did not conduct an evidentiary hearing or issue the writ of habeas corpus. We questioned our jurisdiction over the appeal. Edwards 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. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Noe v. State, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, the trial court did not address the merits of the appellant's petition. 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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DAVID GAULTNEY

Justice

 

Opinion Delivered May 24, 2006

Do Not Publish

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