In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-132 CR
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EX PARTE RODERICK HENRY
Jefferson County, Texas
Trial Cause No. 1976
On February 26, 2003, the trial court denied Roderick Henry's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. In response, Roderick Henry filed a "Notice to Continue Appeal" that complains that his confinement is illegal under the Eighth Amendment.
No appeal lies from the refusal to issue the writ of habeas corpus unless the trial court conducts an evidentiary hearing on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Noe v. State, 646 S.W.2d 230 (Tex. Crim. App. 1993). The trial court did not issue a writ of habeas corpus, nor did he 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, it is ORDERED that the appeal be DISMISSED for want of jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Opinion Delivered April 24, 2003
Do Not Publish
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P.47.4.