COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-037-CR
EX PARTE
RAYMOND DOMINIC COZZI, JR.
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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OPINION
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Appellant Raymond Dominic Cozzi, Jr. appeals from the trial court’s order dismissing his article 11.072 application for writ of habeas corpus as moot.1 Article 11.072 provides that “the trial court shall enter a written order granting or denying the relief sought in the application.”2 An applicant may appeal from the denial of any or all relief.3 In this case, the trial court did not enter the statutorily mandated ruling but instead dismissed the application. While Appellant could have very well filed a petition for a writ of mandamus in this court, requesting that the trial judge be ordered to rule on his application,4 he does not have the right to appeal from a dismissal of his application.5 We therefore dismiss this appeal for want of jurisdiction.
LEE
ANN DAUPHINOT
JUSTICE
PANEL F: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.
PUBLISH
DELIVERED: April 29, 2004
NOTES
1. Tex. Code Crim. Proc. Ann. art. 11.072 (Vernon Supp. 2004).
2. Id. art. 11.072, § 6(a) (emphasis added).
3. Id. art. 11.072, § 8.
4. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding); Von Kolb v. Koehler, 609 S.W.2d 654, 655-56 (Tex. App.—El Paso 1980, orig. proceeding).
5. See Tex. Code Crim. Proc. Ann. art. 11.072, § 8; Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983).