Opinion
02-24-00214-CR
08-01-2024
Jackie Lee Bibbs, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 396th District Court Tarrant County, Texas Trial Court No. 1160104D
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
MEMORANDUM OPINION
Bonnie Sudderth Chief Justice
Appellant Jackie Lee Bibbs attempts to appeal from an interlocutory order denying his motion to recuse the trial court judge. But "an interlocutory order denying a recusal motion is not immediately appealable." McCalley v. State, No. 02-23-00086-CR, 2023 WL 4008680, at *1 (Tex. App.-Fort Worth June 15, 2023, no pet.) (mem. op., not designated for publication); see Reger v. State, No. 02-21-00049-CR, 2021 WL 2586619, at *1 (Tex. App.-Fort Worth June 24, 2021, no pet.) (mem. op., not designated for publication); Qadir v. State, No. 02-20-00076-CR, 2020 WL 5414972, at *1 (Tex. App.-Fort Worth Sept. 10, 2020, no pet.) (per curiam) (mem. op., not designated for publication). And the trial court clerk has informed us that no final judgment has been signed. See Tex.R.Civ.P. 18a(j)(1)(A) ("An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment."); De Leon v. Aguilar, 127 S.W.3d 1, 5 (Tex. Crim. App. 2004) (orig. proceeding) ("The procedures for recusal of judges set out in Rule 18a of the Texas Rules of Civil Procedure apply in criminal cases.").
Appellant appears to have filed a postconviction writ of habeas corpus alleging actual innocence and, to that end, has attempted to recuse the trial judge, who also presided over Appellant's trial.
Because a final judgment or appealable order is necessary for this court to obtain jurisdiction, see McCalley, 2023 WL 4008680, at *1; Reger, 2021 WL 2586619, at *1, we notified Appellant of our concern that his appeal was premature. See Tex.R.App.P. 26.2(a), 27.1(b). We warned that we would dismiss the appeal for want of jurisdiction unless, within ten days, he furnished this court with a signed copy of a final judgment or an appealable order. See Tex.R.App.P. 44.3. More than twenty days have passed, and we have not received a response.
Accordingly, we dismiss the appeal for want of jurisdiction. Tex.R.App.P. 43.2(f); see McCalley, 2023 WL 4008680, at *1 (dismissing for want of jurisdiction when defendant attempted interlocutory appeal from denial of recusal motion); Reger, 2021 WL 2586619, at *1 (similar); Qadir, 2020 WL 5414972, at *1 (similar).