Court of Civil Appeals of Texas, 1995

David Glen Bray v. State

David Glen Bray v. State
Court of Civil Appeals of Texas · Decided August 9, 1995

David Glen Bray v. State

Opinion

Bray v. State






IN THE

TENTH COURT OF APPEALS


No. 10-95-214-CR


     DAVID GLENN BRAY,

                                                                                              Appellant

     v.


     THE STATE OF TEXAS,

                                                                                              Appellee


From the County Court

Limestone County, Texas

Trial Court # 3741

                                                                                                    


MEMORANDUM OPINION

                                                                                                    


      David Bray attempts to appeal from the court's failure to rule on his post-conviction writ of habeas corpus. Although we have jurisdiction over denials of habeas corpus writs seeking relief from misdemeanor convictions, we do not have jurisdiction when the court has not ruled on the merits of the claim. See Ex parte Hargett, 819 S.W.2d 866, 868-69 (Tex. Crim. App. 1991); Ex parte Jordan, 659 S.W.2d 827, 828 (Tex. Crim. App. 1983). When, as here, there is no ruling on the merits of the application, the applicant must seek relief by other avenues. See Hargett, 819 S.W.2d at 868. Thus, we dismiss this cause for want of jurisdiction.

                                                                               PER CURIAM


Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

      (Justice Vance not participating)

Dismissed for want of jurisdiction

Opinion delivered and filed August 9, 1995

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