Opinion
No. 09-09-00304-CR
Opinion Delivered August 26, 2009. DO NOT PUBLISH.
On Appeal from the Criminal District Court, Jefferson County, Texas, Trial Cause No. 2280 (09-05673).
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
On June 29, 2009, the trial court denied Wesley Vinson'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. Vinson filed a response labeled "writ of mandamus" in which he argues the merits of his application for writ of habeas corpus 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 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, it does not appear that the trial court addressed the merits of the 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 conclude we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED.
Even if we were to read the appellant's response broadly as a request for a writ of mandamus to compel the trial court to consider the merits of the application, the response in this case does not present a sufficient basis for this Court to grant that request.