Ex Parte Wilbert Welch, Jr.

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-032 CR

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EX PARTE WILBERT WELCH, JR.




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 2088




MEMORANDUM OPINION

On January 23, 2006, the trial court denied Wilbert Welch, Jr.'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. Welch 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. 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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STEVE McKEITHEN

Chief Justice



Opinion Delivered March 29, 2006

Do Not Publish

Before McKeithen, C.J., Kreger, and Horton, JJ.