Daniel Ray Garcia v. the State of Texas

Opinion filed June 17, 2021

In The

Eleventh Court of Appeals

___________ No. 11-21-00081-CR ___________

DANIEL RAY GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 106th District Court Gaines County, Texas Trial Court Cause No. 19-5086

MEMORANDUM OPINION

Daniel Ray Garcia has filed a pro se notice of appeal from an order denying his motion to recuse Judge Reed A. Filley, the judge of the trial court. In the notice of appeal, which Appellant called a “petition for discretionary review,” Appellant requests that this court review the recusal rulings made by Judge John L. Pool. We dismiss the appeal.

When this appeal was filed, the clerk of this court wrote to Appellant and informed him that it did not appear that this court had jurisdiction in this matter. We requested that Appellant respond and show grounds to continue the appeal. We have not received any response from Appellant.

An order denying a motion to recuse is not a final, appealable order; it may be reviewed only in an appeal from a final judgment. Green v. State, 374 S.W.3d 434, 445 (Tex. Crim. App. 2012). An appeal of the decision to deny a motion to recuse, standing alone, would be improper. Id. Because Appellant has attempted to appeal from an order denying a motion to recuse, standing alone, we have no jurisdiction to entertain this appeal.

Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM June 17, 2021 Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.