Summary
dismissing for lack of jurisdiction appeal from interlocutory order denying recusal motion
Summary of this case from Lara v. StateOpinion
No. 01-92-00040-CR.
February 27, 1992.
Appeal from the 228th District Court, Harris County, George Walker, J.
Donald Davis, Houston, for appellant.
John B. Holmes, Houston, for appellee.
Before SAM BASS, COHEN and WILSON, JJ.
OPINION
This is an appeal from an order denying the appellant's motion for recusal and disqualification of the trial judge in a criminal prosecution, after the appellant was granted a mistrial. The order complained of is interlocutory. We have no jurisdiction to review interlocutory orders except in narrow circumstances not Ex parte Robinson, 641 S.W.2d 552, 555 (Tex.Crim.App. [Panel Op.] 1982) (pretrial appellate review of double jeopardy claims is constitutionally compelled). Therefore, this appeal is dismissed for lack of jurisdiction. See Casias v. State, 503 S.W.2d 262, 265 (Tex.Crim.App. 1973); Petty v. State, 800 S.W.2d 582, 583 (Tex.App. — Tyler 1990, no pet.); TEX.R.APP.P. 41(b)(1).