Opinion
No. 04-17-00211-CR
04-20-2017
Ex parte Adrian GUTIERREZ, Appellant
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR0413
Honorable Melisa Skinner, Judge Presiding
ORDER
On January 13, 2017, Appellant filed a pretrial application for writ of habeas corpus. His application argued that because the State was not ready for trial, he must "be released either on personal bond or by reducing the amount of bond required to an amount that the Defendant can post."
The clerk's records for these three related appeals include a one-page document with two parts: the first part is an "Order Granting Writ and Hearing on Merits," and the second part is an "Order on Application and Motion."
The first order has blanks for the date of the hearing, the date the trial court signed the order, and the signature of the presiding judge; all of the blanks are empty.
The second order has blanks for the amount of bond, the date the trial court signed the order, and the signature of the presiding judge. The trial court did not enter an amount of the bond, but wrote "Denied," and signed and dated the Order on Application and Motion.
"There is no right of appeal from a refusal to issue a writ of habeas corpus when the trial court did not consider and resolve the merits of the petition." Purchase v. State, 176 S.W.3d 406, 407 (Tex. App.—Houston [1st Dist.] 2004, no pet.); see also Ex parte Jagneaux, 315 S.W.3d 155, 156 (Tex. App.—Beaumont 2010, no pet.) ("This Court's jurisdiction depends on whether the trial court ruled on the merits of the application for habeas relief, rather than simply ruling on the request for issuance of a writ."); Ex parte Bowers, 36 S.W.3d 926, 927 (Tex. App.—Dallas 2001, pet. ref'd) ("Neither the order—nor anything else in the record before us—reflects that the trial court considered the merits of appellant's petition.").
If this court lacks jurisdiction, we have no option but to dismiss these appeals for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Ex Parte Blunston, No. 04-12-00657-CV, 2013 WL 3874471, at *2 (Tex. App.—San Antonio July 24, 2013, no pet.) (mem. op., not designated for publication).
The clerk's records do not contain an order granting a hearing on the merits or otherwise indicate that the trial court held a hearing on the merits, and we question our jurisdiction in these appeals.
We ORDER Appellant to show cause in writing within TWENTY DAYS from the date of this order why these appeals should not be dismissed for want of jurisdiction. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Olivo, 918 S.W.2d at 522. If Appellant does not show cause in writing as ordered, these appeals will be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court