Julius Stewart v. State

IN THE TENTH COURT OF APPEALS

No. 10-12-00191-CR

JULIUS STEWART,

Appellant v. THE STATE OF TEXAS,

Appellee

From the 13th District Court Navarro County, Texas Trial Court No. 33487, 33854, 33855, 33907, 33983

MEMORANDUM OPINION Julius Stewart has filed an interlocutory pro se notice of appeal of the denial of his motion to recuse the trial judge.

We do not have jurisdiction of this interlocutory appeal of the denial of the motion to recuse. See Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.) (stating that court has jurisdiction over criminal appeals only when expressly granted by law). No law authorizes the interlocutory appeal of a denial of a motion to recuse.

We dismiss this appeal for want of jurisdiction.

REX D. DAVIS Justice

Before Chief Justice Gray,

Justice Davis, and Justice Scoggins

Dismissed Opinion delivered and filed June 20, 2012 Do not publish [CR25] Stewart v. State Page 2