Ex Parte Sean Flythe

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-182 CR ____________________ EX PARTE SEAN FLYTHE On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 2248 (08-02921) MEMORANDUM OPINION On March 26, 2008, the trial court denied Sean Flythe'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. Flythe did not respond. 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 Flythe'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. _____________________________ STEVE McKEITHEN Chief Justice Opinion Delivered June 25, 2008 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ.