In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-120 CR
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EX PARTE CRAIG GLOUDE
Jefferson County, Texas
Trial Cause No. 2091 (95476)
On March 6, 2006, the trial court denied Craig Gloude'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. Gloude filed a response in which he contends the trial court heard his complaints regarding ineffective assistance of counsel in an unrecorded hearing on January 30, 2006. The application for issuance of a pre-trial writ of habeas corpus was filed February 28, 2006, so a hearing conducted in January could not have been triggered by his application.
No appeal lies from the refusal to issue 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. 1983). In this case, the trial court did not address the merits of the appellant's petition. The trial court did not issue a writ of habeas corpus, nor did the court 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). (1) We hold we have no jurisdiction over this appeal. Accordingly, it is ordered that the appeal be dismissed for want of jurisdiction.
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered April 26, 2006
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.
1.