TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00670-CR

Ex parte Harry L. Rowser

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 48,429, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

Harry L. Rowser petitioned the district court for a writ of habeas corpus pursuant to article five, section eight of the constitution. See Tex. Const. art. V, § 8; Tex. Code Crim. Proc. Ann. arts. 11.05, .08 (West 1977). The court refused to issue the writ and Rowser seeks to appeal.

There is no right of appeal if a trial court refuses to issue a writ of habeas corpus without addressing the merits of the application. Ex parte Gonzales, 12 S.W.3d 913, 914 (Tex. App.—Austin 2000, pet. ref’d). We therefore dismiss this appeal for want of jurisdiction.

__________________________________________ Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Jurisdiction Filed: November 12, 2004 Do Not Publish