Roger Eugene Fain v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00512-CR
Roger Eugene Fain § From the 372nd District Court
§ of Tarrant County (1023944D)
v. § December 13, 2012
§ Per Curiam
The State of Texas § (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00512-CR
ROGER EUGENE FAIN APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant attempts to appeal from two applications for postconviction writs
of habeas corpus that he claims were denied by operation of law. On October
29, 2012, we notified Appellant of our concern that we lack jurisdiction over this
appeal because the trial court has not entered any appealable orders, and we
stated that this appeal was subject to dismissal unless appellant or any party
1
See Tex. R. App. P. 47.4.
2
desiring to continue the appeal filed a response showing grounds for continuing
the appeal. We received no response.
As this court has previously explained, we have no appellate jurisdiction
over a trial court’s refusal to issue a writ of habeas corpus or a trial court’s refusal
to consider the merits of an application for writ of habeas corpus. 2 Accordingly,
we dismiss this appeal.
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 13, 2012
2
Ex parte Okere, 56 S.W.3d 846, 849–51 (Tex. App.—Fort Worth 2001,
pet. ref’d) (relying on Ex parte Hargett, 819 S.W.2d 866, 867–68 (Tex. Crim. App.
1991)).
3