Tracy Hicks v. The State of Texas--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-97-262-CR

TRACY HICKS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 29450-D

MEMORANDUM OPINION

Appellant Tracy Hicks appeals from the "denial" of his application for writ of habeas corpus which he filed under the authority of article V, section 8 of the Texas Constitution. Tex. Const. art. V, 8.

According to Hicks, the court signed an order on August 8, 1997, denying his application and denying a hearing on the merits. When a judge refuses to issue a requested writ of habeas corpus or denies an applicant a requested hearing on the merits of his claim, the applicant's remedies are limited. Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991). He may seek the writ from another judge or, under proper circumstances, seek a writ of mandamus. Id. He may not, however, appeal unless the court denies the writ after hearing it on the merits. Id. In other words, we have no jurisdiction of a refusal to issue the writ when the merits are not addressed. See id.; Ex parte Renier, 734 S.W.2d 349, 357 (Tex. Crim. App. 1987); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983).

The court refused to issue the writ after considering Hicks application. The court also denied Hicks request for a hearing on the merits of the issues alleged in his writ application. Therefore, because the court did not address the merits of Hicks application, we have no jurisdiction over this appeal.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice James (Retired)

Dismissed for want of jurisdiction

Opinion delivered and filed September 24, 1997

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