Opinion
No. 09-06-043 CR
Opinion Delivered April 5, 2006. DO NOT PUBLISH.
On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 2085 (95822).
Before McKEITHEN, C.J., GAULTNEY, and KREGER, JJ.
MEMORANDUM OPINION
On January 3, 2006, the trial court denied Gregory Gunter'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. Gunter did not file a response. 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. See Ex parte Hargett, 819 S.W.2d 866 (Tex.Crim.App. 1991); Noe v. State, 646 S.W.2d 230 (Tex.Crim.App. 1983). In this case, the trial court did not address the merits of the appellant's petition. 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.