Opinion
04-23-00446-CR
04-09-2024
EX PARTE Jefferson Eliud RODRIGUEZ VILLALOBOS
From the County Court, Kinney County, Texas Trial Court No. 14031CR Honorable Susan D. Reed, Judge Presiding
ORDER
PER CURIAM.
Appellant filed an application for writ of habeas corpus in the trial court. The trial court issued an order denying the application without holding a hearing and without issuing a writ. Appellant timely filed a notice of appeal.
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 does not contain an order granting a hearing on the merits or otherwise indicate that the trial court considered the merits of Appellant's habeas application. See In re Saravia-Bonilla, No. 04-23-00637-CR, 2023 WL 6850595, at *2 (Tex. App.-San Antonio, Oct. 18, 2023, orig. proceeding); In re Lara Belmontes, 675 S.W.3d 113, 115 (Tex. App.-San Antonio 2023, orig. proceeding); 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 April 19, 2024, 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.
It is so ORDERED.