Roger Eugene Fain v. The State of Texas--Appeal from 372nd District Court of Tarrant County (per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00512-CR Roger Eugene Fain of Tarrant County (1023944D) § December 13, 2012 § The State of Texas From the 372nd District Court § v. § Per Curiam § (nfp) JUDGMENT This court has considered the record on appeal in this case and holds that the appeal should be dismissed. It is ordered that the appeal is dismissed. SECOND DISTRICT COURT OF APPEALS PER CURIAM COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00512-CR ROGER EUGENE FAIN APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------Appellant attempts to appeal from two applications for postconviction writs of habeas corpus that he claims were denied by operation of law. On October 29, 2012, we notified Appellant of our concern that we lack jurisdiction over this appeal because the trial court has not entered any appealable orders, and we stated that this appeal was subject to dismissal unless appellant or any party 1 See Tex. R. App. P. 47.4. 2 desiring to continue the appeal filed a response showing grounds for continuing the appeal. We received no response. As this court has previously explained, we have no appellate jurisdiction over a trial court s refusal to issue a writ of habeas corpus or a trial court s refusal to consider the merits of an application for writ of habeas corpus. 2 Accordingly, we dismiss this appeal. PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: December 13, 2012 2 Ex parte Okere, 56 S.W.3d 846, 849 51 (Tex. App. Fort Worth 2001, pet. ref d) (relying on Ex parte Hargett, 819 S.W.2d 866, 867 68 (Tex. Crim. App. 1991)). 3
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