Ex Parte Johnny Robinson

• Court: Court of Appeals of Texas
• Decided: February 27, 2008
• Docket: 09-08-00017-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-017 CR

EX PARTE JOHNNY ROBINSON

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 543790 (Harris County No.)

MEMORANDUM OPINION

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Do Not Publish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.