Ex Parte Cozzi

138 S.W.3d 454, 2004 Tex. App. LEXIS 3809, 2004 WL 912714

• Court: Court of Appeals of Texas
• Decided: April 29, 2004
• Docket: 2-04-037-CR
• Status: Published

Opinion

OPINION

LEE ANN DAUPHINOT, Justice.

Appellant Raymond Dominic Cozzi, Jr. appeals from the trial court’s order dismissing his article 11.072 application for writ of habeas corpus as moot. 1 Article 11.072 provides that “the trial court shall enter a written order granting or denying the relief sought in the application.” 2 An applicant may appeal from the denial of any or all relief. 3 In this case, the trial court did not enter the statutorily mandated ruling but instead dismissed the application. While Appellant could have very well fried a petition for a writ of mandamus in this court, requesting that the trial judge be ordered to rule on his application, 4 he does not have the right to appeal from a dismissal of his application. 5 We therefore dismiss this appeal for want of jurisdiction.

1 . Tex.Code Crim. Proc. Ann. art. 11.072 (Vernon Supp.2004).

2 . Id. art. 11.072, § 6(a) (emphasis added).

3 . Id. art. 11.072, § 8.

4 . See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex.Crim.App.1991); Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding); Von Kolb v. Koehler, 609 S.W.2d 654, 655-56 (Tex.App.-El Paso 1980, orig. proceeding).

5 . See TexCode Crim. Proc. Ann. art. 11.072, § 8; Ex parte Noe, 646 S.W.2d 230, 231 (Tex.Crim.App.1983).