IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,966

LARRY RAY SWEARINGEN, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM THE DENIAL OF A MOTION TO RECUSE FILED IN CAUSE NO. 99-11-06435-CR IN THE 9 TH JUDICIAL DISTRICT COURT MONTGOMERY COUNTY Per Curiam.

OPINION This is a direct appeal of the denial of a motion to recuse filed in the 9 th Judicial District Court of Montgomery County, Cause No. 99-11-06435-CR, styled The State of Texas v. Larry Ray Swearingen. Appellant’s appeal is untimely and is, therefore, dismissed.

Do not publish Delivered: November 26, 2008