LaPointe v. State

Full title: James Thomas LaPointe, Appellant v. The State of Texas, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Jun 16, 2009

No. 03-09-00303-CR (Tex. App. Jun. 16, 2009)

Opinion

No. 03-09-00303-CR

Filed: June 16, 2009. DO NOT PUBLISH.

Appealed from the District Court of Williamson County, 368th Judicial District, No. 03-111-K368, Honorable Burt Carnes, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Chief Justice JONES, Justices PURYEAR and HENSON.

MEMORANDUM OPINION

DIANE M. HENSON, Justice.

Appellant James Thomas La Pointe seeks to appeal a denial of his motion to recuse in a habeas proceeding. The trial court's denial of this motion cannot be appealed as an interlocutory order. See Tex. R. Civ. P. 18a(f) (denial of motion to recuse is reviewed on appeal from final judgment); Arnold v. State, 853 S.W.2d 543, 544 (Tex.Crim.App. 1993) (civil rule governing recusal motions applies in criminal cases). Accordingly, this appeal is dismissed for want of jurisdiction.