Ex Parte Lane Bourque

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-06-173 CR

____________________

EX PARTE LANE BOURQUE

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 2100 (94716, 94717, 94816)

MEMORANDUM OPINION

On April 19, 2006, the trial court denied Lane Bourque'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. Bourque did not file a response.

No appeal lies from the refusal to issue 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 the appellant'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.

___________________________

CHARLES KREGER

Justice

Opinion Delivered June 28, 2006

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.