Ex Parte Ronnie Thomas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-042 CR
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EX PARTE RONNIE THOMAS
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 2090 (94446)
MEMORANDUM OPINION

On December 14, 2005, the trial court denied Ronnie Thomas'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. Thomas filed a response in which he argues the merits of his application for writ of habeas corpus without first establishing that the order is appealable.

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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STEVE McKEITHEN

Chief Justice

 

Opinion Delivered March 8, 2006

Do Not Publish

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