Ex Parte Cozzi
Ex Parte Cozzi
Opinion
OPINION
Appellant Raymond Dominic Cozzi, Jr. appeals from the trial court’s order dismissing his article 11.072 application for writ of habeas corpus as moot. 1 Article 11.072 provides that “the trial court shall enter a written order granting or denying *455 the relief sought in the application.” 2 An applicant may appeal from the denial of any or all relief. 3 In this case, the trial court did not enter the statutorily mandated ruling but instead dismissed the application. While Appellant could have very well fried a petition for a writ of mandamus in this court, requesting that the trial judge be ordered to rule on his application, 4 he does not have the right to appeal from a dismissal of his application. 5 We therefore dismiss this appeal for want of jurisdiction.
. Tex.Code Crim. Proc. Ann. art. 11.072 (Vernon Supp. 2004).
. Id. art. 11.072, § 6(a) (emphasis added).
. Id. art. 11.072, § 8.
. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex.Crim.App. 1991); Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding); Von Kolb v. Koehler, 609 S.W.2d 654, 655-56 (Tex.App.-El Paso 1980, orig. proceeding).
. See TexCode Crim. Proc. Ann. art. 11.072, § 8; Ex parte Noe, 646 S.W.2d 230, 231 (Tex.Crim.App. 1983).
Reference
- Full Case Name
- Ex Parte Raymond Dominic COZZI, Jr.
- Cited By
- 17 cases
- Status
- Published