Ex Parte Karim Anabtawi

• Court: Court of Appeals of Texas
• Decided: September 13, 2006
• Docket: 09-06-00330-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-06-330 CR

EX PARTE KARIM ANABTAWI

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 88421

MEMORANDUM OPINION

On July 13, 2006, the trial court denied Karim Anabtawi'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. Anabtawi 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.

No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court conducts an evidentiary hearing on the merits of the application. 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 Anabtawi'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.

___________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered September 13, 2006

Do Not Publish

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