Opinion
04-23-01048-CR
12-28-2023
EX PARTE Juan Jose Santiago VILLALOBOS
From the County Court, Maverick County, Texas Trial Court No. 31576 Honorable Susan D. Reed, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE
On March 3, 2023, Appellant, Juan Jose Santiago Villalobos, filed an application for writ of habeas corpus. On March 28, 2023, the trial court issued an order stating "the Application is denied without issuing writ." Appellant timely filed a notice of appeal.[
For reasons that do not appear in the record, the notice of appeal was not filed in this court until December 1, 2023.
There is no right to an appeal when a trial court refuses to issue a habeas writ or dismisses or denies a habeas application without ruling on the merits of the applicant's claims. See Ex parte Villanueva, 252 S.W.3d 391, 394, 395 (Tex. Crim. App. 2008); Purchase v. State, 176 S.W.3d 406, 407 (Tex. App.-Houston [1st Dist] 2004, no pet.).
The clerk's record does not contain an order granting a hearing on the merits or otherwise indicate that the trial court considered the merits of Appellant's habeas application. See Ex parte Santiago Villalobos, No. 04-23-00305-CR, 2023 WL 5604192, at *1-2 (Tex. App.-San Antonio Aug. 30, 2023, no pet.); In re Lara Belmontes, 675 S.W.3d 113, 115 (Tex. App.-San Antonio 2023, no pet.); Purchase, 176 S.W.3d at 407; Ex parte Bowers, 36 S.W.3d 926, 927 (Tex. App.-Dallas 2001, pet. ref d). It therefore appears that we lack jurisdiction over this appeal.
Accordingly, we ORDER Appellant to file a response to this order no later than January 8, 2024, demonstrating how this court has jurisdiction over his appeal. If Appellant fails to file a response showing that we have jurisdiction over this appeal, we will dismiss the appeal for want of jurisdiction. See Purchase, 176 S.W.3d at 407; Bowers, 36 S.W.3d at 927.