Opinion
NO. 09-11-00659-CR
01-25-2012
EX PARTE WILLIAM WATSON
On Appeal from the Criminal District Court Jefferson County, Texas
Trial Cause No. 2354 (JP#13210)
MEMORANDUM OPINION
The trial court dismissed William Watson's application for habeas corpus. He filed this appeal. We questioned our jurisdiction. Watson's response fails to establish that the order is appealable.
No appeal lies from the refusal to issue a writ of habeas corpus when the trial court does not address 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). The trial court's order states that the trial court did not address the merits of any claims presented in Watson'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). This Court has no jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
__________________
DAVID GAULTNEY
Justice
Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.