Opinion
NO. 09-12-00007-CR
03-07-2012
EX PARTE JONATHAN J. RICHMOND
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 2355 (09-06845 & 09-06846)
MEMORANDUM OPINION
On November 29, 2011, the trial court denied Jonathan J. Richmond'sapplication for habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. Richmond did not file a response.
The indictment identifies appellant as Jonathon Jermaine Richmond a/k/a Jonathan Jermaine Richmond.
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, 868-69 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). In this case, the trial court's order states that the trial court did not address the merits of Richmond's petition. The trial court did not issue a writ of habeas corpus, nor did the trial 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 conclude we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
HOLLIS HORTON
Justice
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.