Ex Parte Harry L. Rowser ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-04-00670-CR
Ex parte Harry L. Rowser
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 48,429, HONORABLE JOE CARROLL, JUDGE PRESIDING
MEMORANDUM OPINION
Harry L. Rowser petitioned the district court for a writ of habeas corpus pursuant to
article five, section eight of the constitution. See Tex. Const. art. V, § 8; Tex. Code Crim. Proc. Ann.
arts. 11.05, .08 (West 1977). The court refused to issue the writ and Rowser seeks to appeal.
There is no right of appeal if a trial court refuses to issue a writ of habeas corpus
without addressing the merits of the application. Ex parte Gonzales, 12 S.W.3d 913, 914 (Tex.
App.—Austin 2000, pet. ref’d). We therefore dismiss this appeal for want of jurisdiction.
__________________________________________
Bea Ann Smith, Justice
Before Chief Justice Law, Justices B. A. Smith and Puryear
Dismissed for Want of Jurisdiction
Filed: November 12, 2004
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