Opinion
No. 04-15-00529-CR
09-18-2015
Abelardo G. GONZALEZ, Appellant v. The STATE of Texas, Appellee
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2008CRR000657-D1
Honorable David Peeples, Judge Presiding
ORDER
Appellant Abelardo Gerardo Gonzalez's notice of appeal, which was filed August 10, 2015, states he is appealing the denial of his motion to recuse in cause numbers 2008-CRR-657, 2008-CRR-662, and 2008-CRR-665. The clerk's record has been filed. Our review of the record raises a question regarding our jurisdiction over the appeal.
"Jurisdiction must be expressly given to the courts of appeals in a statute." Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). "[T]he standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law." Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). "This extends to interlocutory appeals as well, of which this Court has said: 'The courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law.'" Ragston, 424 S.W.3d at 52 (quoting Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991)).
We therefore order appellant to file, by October 12, 2015, a response showing why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to show this court's jurisdiction, appellant must request the trial court clerk to prepare one and must file a copy of the request with this court.
All deadlines in this matter are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of September, 2015.
/s/_________
Keith E. Hottle
Clerk of Court