Court of Civil Appeals of Texas, 2005

Ex Parte Minh an Phung

Ex Parte Minh an Phung
Court of Civil Appeals of Texas · Decided March 2, 2005

Ex Parte Minh an Phung

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-04-546 CR

NO. 09-04-547 CR

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EX PARTE MINH AN PHUNG




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 2035 (88970 and 89098)




MEMORANDUM OPINION (1)

On December 6, 2005, the trial court denied Minh An Phung's applications for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeals. The appellant amended his notices of appeal but did not establish grounds for continuing the appeals.

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 applications. 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 writs of habeas corpus, nor did the court conduct an evidentiary hearing on the applications 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 these appeals. Accordingly, it is ordered that the appeals are dismissed for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM



Opinion Delivered March 2, 2005

Do Not Publish

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

1. Tex. R. App. P. 47.4.

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