Ex Parte Henry Taylor

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-07-505 CR ____________________ EX PARTE HENRY TAYLOR On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 98647 (2231) MEMORANDUM OPINION On September 10, 2007, the trial court denied Henry Taylor's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. On October 18, 2007, we questioned our jurisdiction over the appeal. We received no response. 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 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, the trial court did not address the merits of Taylor's application. The trial court did not issue a writ of habeas corpus, nor did the 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 hold we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. __________________________________ CHARLES KREGER Justice Opinion Delivered December 19, 2007 Do not publish Before Gaultney, Kreger, and Horton, JJ.