TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 95-1132-2, HONORABLE ROBERT F. B. MORSE, JUDGE PRESIDING
Appellant Roy Anthony Martinez was convicted of assault in 1996. This conviction was affirmed on appeal and is now final. Martinez v. State, No. 3-96-327-CR (Tex. App.--Austin Dec. 4, 1997, pet. ref'd) (not designated for publication). At present, appellant is on community supervision based on this conviction. By an application for writ of habeas corpus, appellant contends his restraint is unlawful because he did not receive effective assistance of counsel at trial. See Tex. Code Crim. Proc. Ann. art. 11.09 (West 1977).
Appellant's writ application was filed in the county court at law on March 4, 1999. On or about April 4, without a hearing, the court denied the writ application in a docket entry. The court subsequently signed a written order to the same effect.
After the appellate record was filed in this Court, the parties were asked to brief the question whether the order below may be appealed. In appellant's written response, he concedes that the order is not appealable because the county court at law refused to issue the writ without addressing the merits of his allegations. See Ex parte Miller, 931 S.W.2d 724, 725 (Tex. App.--Austin 1996, no pet.). The State has moved to dismiss the appeal on this ground. The motion is granted.
The appeal is dismissed.
Before Chief Justice Aboussie, Justices Kidd and Patterson
Dismissed for Want of Jurisdiction
Filed: June 30, 1999
Do Not Publish