Opinion
04-23-01047-CR
12-11-2023
EX PARTE Jose Santos OCHOA NAJERA
From the County Court, Maverick County, Texas Trial Court No. 30911 Honorable Susan D. Reed, Judge Presiding.
ORDER
Patricia O. Alvarez, Justice.
On March 2, 2023, Appellant, Jose Santos Ochoa Najera, filed an application for writ of habeas corpus. On March 28, 2023, the trial court issued an order stating "the Application is denied without issuing writ." Appellant timely filed a notice of appeal.[
For reasons that do not appear in the record, the notice of appeal was not filed in this court until December 1, 2023.
On December 4, 2023, the trial court issued a second order, granting Appellant's application for writ and ordering that "the merits will be heard by submission of evidence under" a schedule that runs through January 4, 2024.
There is no right to an appeal when a trial court refuses to issue a habeas writ or dismisses or denies a habeas application without ruling on the merits of the applicant's claims. See Ex parte Villanueva, 252 S.W.3d 391, 394, 395 (Tex. Crim. App. 2008); Purchase v. State, 176 S.W.3d 406, 407 (Tex. App.-Houston [1st Dist.] 2004, no pet.).
The clerk's record indicates that the trial court has not issued an order granting or denying Appellant's habeas claims on the merits. See Ex parte Ochoa Najera, No. 04-23-00302-CR, 2023 WL 5418325, at *1-2 (Tex. App.-San Antonio Aug. 23, 2023, no pet.); In re Lara Belmontes, 675 S.W.3d 113, 115 (Tex. App.-San Antonio 2023, no pet.); Purchase, 176 S.W.3d at 407; Ex parte Bowers, 36 S.W.3d 926, 927 (Tex. App.-Dallas 2001, pet. ref'd). It therefore appears that we lack jurisdiction over this appeal.
Accordingly, we ORDER Appellant to file a response to this order no later than December 21, 2023, demonstrating how this court has jurisdiction over his appeal. If Appellant fails to file a response showing that we have jurisdiction over this appeal, we will dismiss the appeal for want of jurisdiction. See Purchase, 176 S.W.3d at 407; Bowers, 36 S.W.3d at 927.