Ex Parte Terry Anderson

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-07-038 CR

____________________

EX PARTE TERRY ANDERSON

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 2163 (95959)

MEMORANDUM OPINION

On January 2, 2007, the trial court denied Terry Anderson'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. We received no response.

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 Anderson'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 March 7, 2007

Do Not Publish

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