IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,050 KENNITH W. LORENTZ, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM THE DENIAL OF A MOTION TO RECUSE FILED IN CAUSE NO. CR-24878-A IN THE 159 TH DISTRICT COURT ANGELINA COUNTY Per Curiam.

OPINION This is a direct appeal of the denial of a motion to recuse filed in the 159 th District Court of Angelina County, Cause No. CR-24878-A, styled Ex parte Kennith W. Lorentz.

Appellant asserts that Judge Paul E. White should have been recused or disqualified from presiding over his habeas case because the judge had a bias against the first claim raised in the habeas application in which appellant alleged that Judge White appointed his trial counsel in violation of a statute and local rule.

After reviewing the habeas application and the record of the proceedings, we have Lorentz – 2 determined that this appeal is not properly before us. It is, therefore, dismissed.

Do not publish Delivered: December 16, 2009