Ex Parte Wesley Carey, Jr.

• Court: Court of Appeals of Texas
• Decided: August 31, 2009
• Docket: 09-09-00342-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00342-CR

EX PARTE WESLEY CAREY, JR.

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 09-06507

MEMORANDUM OPINION

On July 16, 2009, the trial court denied Wesley Carey, Jr.'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 Carey'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.

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CHARLES KREGER

Justice

Opinion Delivered August 31, 2009

Do not publish

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