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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
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NO. 02-12-00512-CR
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Roger Eugene Fain
v.
The State of Texas |
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From the 372nd District Court
of Tarrant County (1023944D)
December 13, 2012
Per Curiam
(nfp) |
JUDGMENT
This court has considered the record on appeal in this case and holds that the appeal should be dismissed. It is ordered that the appeal is dismissed.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
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NO. 02-12-00512-CR
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Roger Eugene Fain |
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APPELLANT |
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V.
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The State of Texas |
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STATE |
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FROM THE 372nd District Court OF Tarrant COUNTY
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MEMORANDUM OPINION[1]
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Appellant attempts to appeal from two applications for postconviction writs of habeas corpus that he claims were denied by operation of law. On October 29, 2012, we notified Appellant of our concern that we lack jurisdiction over this appeal because the trial court has not entered any appealable orders, and we stated that this appeal was subject to dismissal unless appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. We received no response.
As this court has previously explained, we have no appellate jurisdiction over a trial court’s refusal to issue a writ of habeas corpus or a trial court’s refusal to consider the merits of an application for writ of habeas corpus.[2] Accordingly, we dismiss this appeal.
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 13, 2012
[1]See Tex. R. App. P. 47.4.
[2]Ex parte Okere, 56 S.W.3d 846, 849–51 (Tex. App.—Fort Worth 2001, pet. ref’d) (relying on Ex parte Hargett, 819 S.W.2d 866, 867–68 (Tex. Crim. App. 1991)).