Ex parte Bowers
- Reporters:
- , ,
- Before:
- Lagarde
OPINION
Opinion By
Justice LagardeNathan Bowers appeals the trial court’s order denying his application for writ of habeas corpus. In two issues, appellant
There is a distinction between the issuance of a writ of habeas corpus and the granting of relief on the claims set forth in an application for that writ. Ex parte Hargett, 819 S.W.2d 866, 869 (Tex.Crim.App.1991). An applicant cannot appeal from a trial court’s refusal to issue or grant a writ of habeas corpus, but may appeal the denial of relief on the merits of the application. See Hargett, 819 S.W.2d at 868. Whether an order can be appealed is not determined by the form of the order alone; we may consider the entire record. See Nichlos v. State, 158 Tex.Crim. 367, 255 S.W.2d 522, 526 (1952) (op. on reh’g).
Here, appellant attempts to appeal the trial court’s order denying his application for writ of habeas corpus. Neither the order — nor anything else in the record before us — reflects that the trial court considered the merits of appellant’s petition. Therefore, we dismiss this appeal for lack of jurisdiction. See Ex parte Miller, 931 S.W.2d 724, 725 (Tex.App.—Austin 1996, no pet.) (holding that the trial court’s denial of Miller’s application for writ of habeas corpus amounted to a refusal to issue the ■writ).