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Ex Parte Phung

Court of Appeals of Texas, Ninth District, Beaumont
Mar 2, 2005
Nos. 09-04-546 CR, 09-04-547 CR (Tex. App. Mar. 2, 2005)

Opinion

Nos. 09-04-546 CR, 09-04-547 CR

Opinion Delivered March 2, 2005. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 2035 (88970 and 89098). Appeals Dismissed.

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


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


On December 6, 2005, the trial court denied Minh An Phung's applications for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeals. The appellant amended his notices of appeal but did not establish grounds for continuing the appeals. 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 applications. 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 writs of habeas corpus, nor did the court conduct an evidentiary hearing on the applications 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 these appeals. Accordingly, it is ordered that the appeals are dismissed for want of jurisdiction.


Summaries of

Ex Parte Phung

Court of Appeals of Texas, Ninth District, Beaumont
Mar 2, 2005
Nos. 09-04-546 CR, 09-04-547 CR (Tex. App. Mar. 2, 2005)
Case details for

Ex Parte Phung

Case Details

Full title:EX PARTE MINH AN PHUNG

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

Date published: Mar 2, 2005

Citations

Nos. 09-04-546 CR, 09-04-547 CR (Tex. App. Mar. 2, 2005)