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Lemons v. State

Court of Appeals of Texas, Tenth District, Waco
Oct 7, 2009
No. 10-09-00268-CR (Tex. App. Oct. 7, 2009)

Opinion

No. 10-09-00268-CR

Opinion delivered and filed October 7, 2009. DO NOT PUBLISH

Appealed from the 278th District Court Walker County, Texas, Trial Court No. 24,661.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.


MEMORANDUM OPINION


James R. Lemons filed a pro se notice of appeal complaining of the trial court's denial of his motion for recusal. In an August 25, 2009 letter, we notified Lemons that this cause was subject to dismissal for want of jurisdiction because it appeared that this Court does not have jurisdiction of his appeal of the denial of the motion for recusal. See Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex. App.-Waco 2002, no pet.) (court has jurisdiction over criminal appeals only when expressly granted by law). We warned Lemons that we would dismiss this appeal unless, within 21 days, he showed grounds for continuing it. Lemons has not filed a response. We dismiss this appeal for want of jurisdiction. Dismissed


Summaries of

Lemons v. State

Court of Appeals of Texas, Tenth District, Waco
Oct 7, 2009
No. 10-09-00268-CR (Tex. App. Oct. 7, 2009)
Case details for

Lemons v. State

Case Details

Full title:JAMES RILEY LEMONS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Oct 7, 2009

Citations

No. 10-09-00268-CR (Tex. App. Oct. 7, 2009)