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Ex Parte Bellard

Court of Appeals of Texas, Ninth District, Beaumont
Mar 30, 2005
No. 09-05-070 CR (Tex. App. Mar. 30, 2005)

Opinion

No. 09-05-070 CR

Opinion Delivered March 30, 2005. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 2046.

Appeal Dismissed.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


On January 18, 2005, the trial court denied Mario Bellard'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. Bellard filed a response 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 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. 1983). 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 hold we have no jurisdiction over this appeal. Accordingly, it is ordered that the appeal be dismissed for want of jurisdiction.


Summaries of

Ex Parte Bellard

Court of Appeals of Texas, Ninth District, Beaumont
Mar 30, 2005
No. 09-05-070 CR (Tex. App. Mar. 30, 2005)
Case details for

Ex Parte Bellard

Case Details

Full title:EX PARTE MARIO BELLARD

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 30, 2005

Citations

No. 09-05-070 CR (Tex. App. Mar. 30, 2005)