Opinion
No. 09-03-378-CR
Opinion Delivered October 9, 2003. DO NOT PUBLISH.
On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 1987.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
On July 17, 2003, the trial court denied John Paul Hurd'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, but received no reply. No appeal lies from the refusal to issue the 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. 1993). The trial court did not issue a writ of habeas corpus, nor did he 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.