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 371 ST 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. (footnote: 1) Article 11.072 provides that “the trial court shall enter a written order granting or denying the relief sought in the application.” (footnote: 2) An applicant may appeal from the denial of any or all relief. (footnote: 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, (footnote: 4) he does not have the right to appeal from a dismissal of his application. (footnote: 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
FOOTNOTES
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 [1 st 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) .