Ex Parte Richard Killgore

In The Court of Appeals Ninth District of Texas at Beaumont ______________________ NO. 09-07-623 CR ______________________ EX PARTE RICHARD KILLGORE On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. 2228 (837, 862, 946, 948) MEMORANDUM OPINION On August 20, 2007, the trial court denied Richard Killgore'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. Killgore filed a response in which he argues the merits of his application for writ of habeas corpus without first establishing 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 Killgore'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. DAVID GAULTNEY Justice Opinion Delivered March 5, 2008 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.