Ex Parte Johnny Robinson

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-017 CR ____________________ EX PARTE JOHNNY ROBINSON On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 543790 (Harris County No.) MEMORANDUM OPINION On November 30, 2007, the trial court denied Johnny Robinson'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. Robinson 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. Regardless of whether the matters raised in the application were appropriate for disposition by a Jefferson County district court, 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 Robinson'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 that we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. ______________________________ STEVE McKEITHEN Chief Justice Opinion Delivered February 27, 2008 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.