Opinion
11-21-00145-CR 11-21-00200-CR
01-06-2022
DANIEL RAY GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish. See Tex. R. App. P. 47.2(b).
On Appeal from the 106th District Court Gaines County, Texas Trial Court Cause Nos. 19-5086 & 16-4669
Panel consists of: Bailey, C.J., and Williams, J.
ORDER
PER CURIAM
We have reviewed the "Motion to Recuse the Justices of the 11th Court of Appeals" filed in this cause on December 15, 2021, as it pertains to seeking the recusal of Justice W. Stacy Trotter. Pursuant to Rule 16.3(b) of the Texas Rules of Appellate Procedure, Justice Trotter has considered the motion in chambers. Justice Trotter has found no reason to recuse himself and, pursuant to Rule 16.3(b), has certified the issue to the entire court for a determination by the other justices of this court. See Tex. R. App. P. 16.3(b). Chief Justice John M. Bailey and Justice W. Bruce Williams have decided the matter without Justice Trotter's participation.
A copy of Justice Trotter's written certification is attached to this order.
The recusal of appellate judges is controlled by Rule 16 of the Texas Rules of Appellate Procedure. The grounds for recusal of an appellate court justice are provided in the Texas Rules of Civil Procedure. Tex.R.App.P. 16.2; see Tex. R. Civ. P. 18b. We find no reason for Justice Trotter to recuse himself and hold that none of the grounds set out in Rule 18b are applicable to Justice Trotter in this case. See Tex. R. Civ. P. 18b; see also Manges v. Guerra, 673 S.W.2d 180, 185 (Tex. 1984); McCullough v. Kitzman, 50 S.W.3d 87, 88 (Tex. App.-Waco 2001, pet. denied).
The request for the recusal of Justice W. Stacy Trotter is denied.
Trotter, J., not participating.