IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,967

GERALD MARSHALL, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM A MOTION TO RECUSE FILED IN CAUSE NO. 948591 IN THE 180 TH DISTRICT COURT HARRIS COUNTY Per Curiam.

OPINION This is a direct appeal of the denial of a motion to recuse filed in the 180 th District Court of Harris County, Cause No. 948591, styled The State of Texas v. Gerald Marshall.

Appellant’s appeal is untimely and is, therefore, dismissed.

Do not publish Delivered: October 8, 2008