Ex Parte Lionel Coleman

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-268 CR

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EX PARTE LIONEL COLEMAN

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 2107 (96048)

MEMORANDUM OPINION

On May 10, 2006, the trial court denied Lionel Coleman'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. Coleman filed a response in which he concedes the trial court did not rule on the merits of his application for writ of habeas corpus.

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 Coleman'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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HOLLIS HORTON

Justice

Opinion Delivered August 9, 2006

Do Not Publish

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