Opinion
04-23-00400-CR
04-24-2023
EX PARTE Jose Gerardo ORTIZ-MORNEO
From the County Court, Kinney County, Texas Trial Court No. 13440 Honorable Susan D. Reed, Judge Presiding
ORDER
PATRICIA O. ALVAREZ, JUSTICE
Appellant appeals the trial court's denial of his application for writ of habeas corpus. He has filed an emergency motion to stay his trial court proceedings, in which he asserts that the trial court denied his application on the merits. But the trial court's order states explicitly that no writ issued, and there is no other indication from the trial court's order that it decided Appellant's habeas application on the merits. See Ex parte Sifuentes, 639 S.W.3d 842, 847 (Tex. App.-San Antonio 2022, pet. ref d).
"When a trial court denies relief from a pretrial habeas corpus application, the applicant may take immediate appeal." Green v. State, 999 S.W.2d 474, 476 (Tex. App.-Fort Worth 1999, pet. refd) (citing Ex parte McCullough, 966 S.W.2d 529, 531 (Tex. Crim. App. 1998)). But if a trial court refuses to issue the writ, no appeal follows. Ex parte Pool, 71 S.W.3d 462, 465 (Tex. App.-Tyler 2002, no pet.) (citing Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983); Ex parte Moorehouse, 614 S.W.2d 450 (Tex. Crim. App. 1981)); accord Ex parte McCullough, 966 S.W.2d at 531.
We order Appellant to show cause in writing within seven days of the date of this order why this appeal should not be dismissed for want of jurisdiction.
All other deadlines in this appeal are suspended pending further order of this court.
If Appellant fails to respond, this appeal will be dismissed without further notice.