Ex Parte Timothy Campbell ( 2015 )


Menu:
  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-15-00270-CR
    EX PARTE Timothy CAMPBELL
    From the County Court at Law No. 13, Bexar County, Texas
    Trial Court No. 484926
    Honorable Crystal D. Chandler, Judge Presiding
    PER CURIAM
    Sitting:          Karen Angelini, Justice
    Marialyn Barnard, Justice
    Rebeca C. Martinez, Justice
    Delivered and Filed: July 29, 2015
    DISMISSED FOR LACK OF JURISDICTION
    This is an accelerated appeal. Timothy Campbell has filed a notice of appeal, stating that
    he is appealing the denial of his pre-trial application for writ of habeas corpus seeking release
    because of delay. Appellant states that relief was denied by the trial court on April 14, 2015.
    However, the clerk’s record has now been filed and does not reflect that the trial court has ruled
    on Campbell’s application for writ of habeas corpus.
    Appellate courts do not have jurisdiction to review a denial of an application for a writ of
    habeas corpus. Ex parte Hargett, 
    819 S.W.2d 866
    , 868 (Tex. Crim. App. 1991). They can only
    review a ruling on the merits of the claim. 
    Id. The clerk’s
    record does not indicate that the trial
    court has considered the merits of Campbell’s application for writ of habeas corpus. It therefore
    appears that we lack jurisdiction over this appeal. On June 27, 2015, we ordered Timothy Campbell
    04-15-00270-CR
    to show cause on or before July 1, 2015, why this appeal should not be dismissed for lack of
    jurisdiction. No response has been filed. We therefore dismiss this appeal for lack of jurisdiction.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-15-00270-CR

Filed Date: 7/29/2015

Precedential Status: Precedential

Modified Date: 7/30/2015