Brian Connor v. State

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-454 CR ____________________ BRIAN CONNOR, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 2264 (95690) MEMORANDUM OPINION On October 13, 2008, the trial court denied Brian Connor's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. Connor filed a response in which he fails to establish that the order is appealable. 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 Connor'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 __________________________________ CHARLES KREGER Justice Opinion Delivered November 19, 2008 Do not publish Before Gaultney, Kreger, and Horton, JJ.