Ex Parte Salvador Zavala ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00198-CR
EX PARTE SALVADOR ZAVALA
From the County Court
Navarro County, Texas
Trial Court No. 52,611
MEMORANDUM OPINION
Salvador Zavala pled no contest in 2004 to the offense of unlawfully carrying a
weapon. TEX. PENAL CODE ANN. § 46.02 (West 2011). This is a misdemeanor offense. Id.
(b). Zavala also had a capital murder charge pending in Houston. Zavala has been
attempting to file various applications for a writ of habeas corpus regarding the
misdemeanor offense. We have dismissed Zavala’s appeals twice. See Ex parte Zavala,
No. 10-10-00323-CR, 2010 Tex. App. LEXIS 8806 (Tex. App.—Waco Nov. 3, 2010, no pet.
h.); Ex parte Zavala, No. 10-10-00238-CR, 2010 Tex. App. LEXIS 6262 (Tex. App.—Waco
Aug. 4, 2010, no pet. h.).
Zavala filed another application for a writ of habeas corpus with the trial court
which the trial court denied. He has now attempted to appeal that order. In a letter
dated June 8, 2011, the Clerk of this Court notified Zavala that his appeal was subject to
dismissal because it appeared the trial court did not rule on the merits of his application
for writ of habeas corpus and there is no right of appeal from a refusal to issue a writ of
habeas corpus when the trial court does not consider and resolve the merits of the
application. See Ex Parte Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 2004); Ex Parte
Okere, 56 S.W.3d 846, 850 (Tex. App.—Fort Worth 2001, pet. ref'd). The Clerk also
warned Zavala that the Court would dismiss the appeal unless, within 21 days of the
date of the letter, a response was filed showing grounds for continuing the appeal.
Zavala filed a response; however, it does not convince us that the trial court ruled on
the merits of his application for writ of habeas corpus.
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed June 29, 2011
Do not publish
[OT06]
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