Opinion
No. 09-07-299 CR
Opinion Delivered July 25, 2007. DO NOT PUBLISH.
On Appeal from the Criminal District Court Jefferson County, Texas, Trial Cause No. 2211 (94387).
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
On May 30, 2007, the trial court denied Allen Granger'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. Granger filed a response in which he failed to establish 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, the trial court did not address the merits of Granger's 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 hold we have no jurisdiction over this appeal. Accordingly, it is ordered that the appeal be dismissed for want of jurisdiction. APPEAL DISMISSED.