Opinion
No. 09-10-0000152-CR
Opinion Delivered May 12, 2010. DO NOT PUBLISH.
On Appeal from the Criminal District Court, Jefferson County, Texas, Trial Cause No. 09-07013 (2297).
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
On March 17, 2010, the trial court denied Douglas C. Crocker's application for habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. Crocker filed a response that argues the merits of the application 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, 868-69 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). In this case, the trial court did not address the merits of Crocker's petition. The trial court did not issue a writ of habeas corpus, nor did the trial 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.