Arthur Lee Mosley, Jr. v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-009 CR ____________________

EX PARTE ARTHUR LEE MOSLEY, JR.

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 2084 (89077)

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MEMORANDUM OPINION

On December 7, 2005, the trial court denied Arthur Lee Mosley, Jr.'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. Mosley did not file a response.

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. See Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Noe v. State, 646 S.W.2d 230 (Tex. Crim. App. 1983). 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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HOLLIS HORTON

Justice

Opinion Delivered March 1, 2006

Do Not Publish

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