David Glen Bray v. State ( 1995 )

Bray v. State

IN THE

TENTH COURT OF APPEALS

No. 10-95-214-CR

     DAVID GLENN BRAY,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Court

Limestone County, Texas

Trial Court # 3741

MEMORANDUM OPINION

      David Bray attempts to appeal from the court's failure to rule on his post-conviction writ of habeas corpus. Although we have jurisdiction over denials of habeas corpus writs seeking relief from misdemeanor convictions, we do not have jurisdiction when the court has not ruled on the merits of the claim. See Ex parte Hargett, 819 S.W.2d 866, 868-69 (Tex. Crim. App. 1991); Ex parte Jordan, 659 S.W.2d 827, 828 (Tex. Crim. App. 1983). When, as here, there is no ruling on the merits of the application, the applicant must seek relief by other avenues. See Hargett, 819 S.W.2d at 868. Thus, we dismiss this cause for want of jurisdiction.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

      (Justice Vance not participating)

Dismissed for want of jurisdiction

Opinion delivered and filed August 9, 1995

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