Opinion
NO. 09-11-00567-CRNO. 09-11-00568-CRNO. 09-11-00569-CR
01-11-2012
EX PARTE JEFFREY ALAN JAGNEAUX
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause Nos. 2343 (09-07616), 2344 (09-07758), and 2345 (10-08108)
MEMORANDUM OPINION
On September 22, 2011, the trial court denied Jeffrey Alan Jagneaux's applications for habeas corpus. We questioned our jurisdiction over the appeals and requested a response from the State.
The trial court's orders state that it "considered" the applications for writ of habeas corpus, and the trial court's orders do not expressly state that the applications were denied without reference to the merits. Therefore, we determine that we have jurisdiction of these appeals. See Ex parte Hargett, 819 S.W.2d 866, 868-69 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983); see also Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005) ("An order denying relief on the merits is a final judgment in the habeas corpus proceeding[.]" and "[t]he appealability of a habeas proceeding turns not upon the nature of the claim advanced but upon the use of the procedure itself and the trial court's decision to consider the claim (i.e. "issue the writ").").
Speedy trial claims are not cognizable in a pre-trial application for writ of habeas corpus. Ex parte Jones, 449 S.W.2d 59, 60 (Tex. Crim. App. 1970); Ex parte Burgett, 850 S.W.2d 267, 268-69 (Tex. App.—Fort Worth 1993, no writ); Bennet v. State, 818 S.W.2d 199, 200 (Tex. App.—Houston [14th Dist.] 1991, no writ). Accordingly, we affirm the trial court's orders denying Jagneaux's applications for writ of habeas corpus.
AFFIRMED.
____________________________
STEVE McKEITHEN
Chief Justice
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.