Ex Parte Roger King

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-059 CR ____________________

EX PARTE ROGER KING

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 2172 (97858)

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MEMORANDUM OPINION

On January 16, 2007, the trial court denied Roger King's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. We received no response.

No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, the trial court did not address the merits of King's application. The trial court did not issue a writ of habeas corpus, nor did the court conduct an evidentiary hearing on the application for the writ. Compare Ex parte Silva, 968 S.W.2d 367 (Tex. Crim. App. 1998); Ex parte McCullough, 966 S.W.2d 529 (Tex. Crim. App. 1998). We hold we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Opinion Delivered March 21, 2007

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.