Ex Parte Henry Boutte

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-538 CR

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EX PARTE HENRY BOUTTE

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 2146 (94956)

MEMORANDUM OPINION

On November 28, 2006, the trial court denied Henry Boutte'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. We received no response.

No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the applicant's claim. 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 Boutte'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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CHARLES KREGER

Justice

Opinion Delivered January 17, 2007

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.