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 Do not publish Delivered: November 26, 2008