Jacob Levorn Rowser v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00629-CR Jacob Levorn Rowser, Appellant v. The State of Texas, Appellee FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2025-103B, THE HONORABLE TRACIE WRIGHT-RENEAU, JUDGE PRESIDING MEMORANDUM OPINION This is an appeal from the trial court’s refusal to issue a writ and rule on Appellant’s pretrial habeas corpus application. See Tex. Code Crim. Pro. art. 11.08. However, “a trial judge’s refusal to issue or grant a writ is not an appealable judgment.” Ex parte Villanueva, 252 S.W.3d 391, 395 (Tex. Crim. App. 2008). When no writ has been issued, an appellate court lacks jurisdiction, unless the trial court ruled on the merits of the habeas claims. See Ex parte Hargett, 819 S.W.2d 866, 868–69 (Tex. Crim. App. 1991). Here, the trial court has neither issued a writ nor ruled on the merits of Appellant’s pretrial habeas application. Thus, we dismiss his appeal for want of jurisdiction. See Ex parte Tisdale, No. 03-13-00785-CR, 2014 WL 1432359, at *2 (Tex. App.—Austin 2014, pet. ref’d) (mem. op. not designated for publication). __________________________________________ Gisela D. Triana, Justice Before Justices Triana, Crump, and Ellis Dismissed for Want of Jurisdiction Filed: August 27, 2026 Do Not Publish 2