Opinion
NO. 09-11-00715-CR
02-01-2012
EX PARTE JESSE LEE BELL, JR.
On Appeal from the 163rd District Court
Orange County, Texas
Trial Cause No. B-910084-R
MEMORANDUM OPINION
Jesse Lee Bell, Jr. appealed the trial court's denial of Bell's application for issuance of a writ of habeas corpus. We questioned our jurisdiction and requested a response. Bell contends that trial court has original habeas jurisdiction over Bell's claim for work credit allegedly earned while in custody of the Texas Department of Criminal Justice. See generally Tex. Const. art. V, § 8; Tex. Gov't Code Ann. § 498.004(b) (West Supp. 2011); but see Tex. Gov't Code Ann. § 501.0081 (West 2004) (providing administrative procedure for Department good time credit disputes as a prerequisite to post-conviction habeas corpus). He argues that the writ should have issued of right. See Tex. Code Crim. Proc. Ann. art. 1.08 (West 2005).
Bell is currently confined on a final conviction for a felony offense and his claims concern credit for time served after conviction. The Court of Criminal Appeals has exclusive jurisdiction over petitions for post-conviction writs of habeas corpus where a person in custody seeks relief from a non-capital felony judgment. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2011); Ex parte Golden, 991 S.W.2d 859, 861 (Tex. Crim. App. 1999); Ex parte Williams, 239 S.W.3d 859, 861 (Tex. App.—Austin 2007, no pet.). Moreover, because the trial court did not rule on the merits of Bell's writ application, the order cannot be appealed. See Ex parte Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 1991) (holding that habeas corpus applicant may only appeal denial of relief on merits); Maye v. State, 966 S.W.2d 140, 143 (Tex. App.—Houston [14th Dist.] 1998, no pet.). Accordingly, this Court has no jurisdiction and we must dismiss the appeal.
APPEAL DISMISSED.
CHARLES KREGER
Justice
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.