Ex Parte Allen Granger

• Court: Court of Appeals of Texas
• Decided: July 25, 2007
• Docket: 09-07-00299-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-299 CR

EX PARTE ALLEN GRANGER

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 2211 (94387)

MEMORANDUM OPINION

On May 30, 2007, the trial court denied Allen Granger'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. Granger filed a response in which he failed to establish that the order is appealable.

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 Granger'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 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 July 25, 2007

Do Not Publish

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