In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-06-043 CR
____________________
EX PARTE GREGORY GUNTER
Jefferson County, Texas
Trial Cause No. 2085 (95822)
You are directed to make the following correction in the Memorandum Opinion dated April 5, 2006:
On page 1, the first line of the first paragraph, change 31, to 3,.
You will give notice of this correction in the original Opinion by sending a copy of the corrected page accompanied by this memorandum to all interested parties who received a copy of the original Opinion.
Entered this 20th day of June, 2006.
PER CURIAM
In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-06-043 CR
____________________
EX PARTE GREGORY GUNTER
Jefferson County, Texas
Trial Cause No. 2085 (95822)
On January 3, 2006, the trial court denied Gregory Gunter'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. Gunter did not file a response.
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. See 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). 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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CHARLES KREGER
Justice
Opinion Delivered April 5, 2006
Do Not Publish
Before McKeithen, C.J., Gaultney, and Kreger, JJ.