Ex Parte Henry Taylor--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-505 CR
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EX PARTE HENRY TAYLOR
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 98647 (2231)
MEMORANDUM OPINION

On September 10, 2007, the trial court denied Henry Taylor's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. On October 18, 2007, we questioned our jurisdiction over the appeal. We received no response.

No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, the trial court did not address the merits of Taylor's application. 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, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

 

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CHARLES KREGER

Justice

 

Opinion Delivered December 19, 2007

Do not publish

 

Before Gaultney, Kreger, and Horton, JJ.