Opinion
No. 05-03-00752-CR, No. 05-03-00753-CR.
Opinion Filed June 5, 2003. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause Nos. WX03-00030-I, WX03-00031-I. DISMISS.
Before Justices WHITTINGTON, WRIGHT, and RICHTER.
OPINION
Victor Abimbola Idowu filed applications for writ of habeas corpus in the trial court pursuant to article 11.08 of the Texas Code of Criminal Procedure seeking to attack the validity of the trial court's judgments. The trial court denied appellant a hearing on the applications, and these appeals followed. For the reasons set out below, we dismiss the appeals for want of jurisdiction. There is no appeal from the trial court's refusal to issue or grant a writ of habeas corpus. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex.Crim.App. 1991); Ex parte Martell, 901 S.W.2d 754, 755 (Tex.App.-San Antonio 1995, no pet.) (per curiam). When a hearing is held on the merits of an applicant's claim and the trial court rules on the merits of the claim, the losing party may appeal. Ex parte Hargett, 819 S.W.2d at 868; Ex parte Martell, 901 S.W.2d at 755. In his notice of appeal, appellant recognizes that there is no appeal from the trial court's refusal to issue or grant a writ of habeas corpus. He asserts, however, that he is seeking to appeal the issue of whether the court should have granted a hearing. In these cases, the trial court did not grant appellant's application for writ of habeas corpus and did not hold a hearing or otherwise purport to rule on the merits of appellant's claims. The orders from which appellant appeals merely denies appellant's request for a hearing on the application for writ of habeas corpus. We know of no authority that provides the denial of a hearing on an application for writ of habeas corpus is an appealable order. We conclude, therefore, that we have no jurisdiction over these appeals. See Ex parte Hargett, 819 S.W.2d at 868. Accordingly, we dismiss the appeals for want of jurisdiction.