Johannes Keizer v. The State of Texas--Appeal from 220th District Court of Hamilton County

IN THE

TENTH COURT OF APPEALS

No. 10-94-265-CR

JOHANNES KEIZER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 220th District Court

Hamilton County, Texas

Trial Court # 6508-A

O P I N I O N

Applicant Johannes Keizer attempts a "direct appeal from the denial of his Application for Writ of Habeas Corpus." The State contends that we do not have jurisdiction, citing Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991). We agree.

"It is well settled that no appeal can be had from a refusal to issue or grant a writ of habeas corpus even after a hearing." Id. A court may hold a hearing to determine whether there is sufficient cause for the writ to be issued or whether the merits of the claim should be addressed. Id. No appeal can be taken from this type of hearing. // Id.

The record of the hearing and the order entered in this case show that the court was engaged only in determining whether there was sufficient cause for the writ to be issued. Absent a hearing on the merits, Keizer may not appeal. See id.

Although Keizer alleges facts which, if true, raise serious questions about the validity of his conviction for felony D.W.I. and the effectiveness of trial counsel, // we find that we have no jurisdiction to consider the appeal. See id.

The appeal is dismissed.

BILL VANCE

Justice

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Appeal dismissed

Opinion delivered and filed November 16, 1994

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