In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-017 CR
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EX PARTE JOHNNY ROBINSON
Jefferson County, Texas
Trial Cause No. 543790 (Harris County No.)
On November 30, 2007, the trial court denied Johnny Robinson'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. Robinson filed a response in which he argues the merits of his application for writ of habeas corpus without first establishing that the order is appealable.
Regardless of whether the matters raised in the application were appropriate for disposition by a Jefferson County district court, no appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, the trial court did not address the merits of Robinson's application. 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 that we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered February 27, 2008
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.