Ex Parte Richard Killgore

• Court: Court of Appeals of Texas
• Decided: March 5, 2008
• Docket: 09-07-00623-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________

NO. 09-07-623 CR

EX PARTE RICHARD KILLGORE

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause Nos. 2228 (837, 862, 946, 948)

MEMORANDUM OPINION

On August 20, 2007, the trial court denied Richard Killgore'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. Killgore 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 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 Killgore'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 we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

DAVID GAULTNEY

Justice

Opinion Delivered March 5, 2008

Do Not Publish

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