Craig Hudson v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-008 CR ____________________

EX PARTE CRAIG HUDSON

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 2086 (91693)

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MEMORANDUM OPINION

On December 14, 2005, the trial court denied Craig A. Hudson'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. Hudson filed a response in which he contends the order is appealable because he is seeking release under Article 17.151, Texas Code of Criminal Procedure.

No appeal lies from the refusal to issue writ of habeas corpus unless the trial court conducts an evidentiary hearing on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Noe v. State, 646 S.W.2d 230 (Tex. Crim. App. 1983). ⁽¹⁾ In this case, the trial court did not address the merits of the appellant's petition. 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, it is ordered that the appeal be dismissed for want of jurisdiction.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered March 1, 2006

Do Not Publish

Before McKeithen, C.J., Gaultney, and Kreger, JJ.

1.

In appropriate situations, mandamus will lie to compel a trial court to act on an application for writ of habeas corpus. See In re Angel, 131 S.W.3d 167 (Tex. App.- San Antonio 2004, orig. proceeding).