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Osborne v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jan 4, 2006
Nos. 09-05-268 CR, 09-05-470 CR (Tex. App. Jan. 4, 2006)

Opinion

Nos. 09-05-268 CR, 09-05-470 CR

Opinion Delivered January 4, 2006. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause Nos. 92306 and 89156. Appeals Dismissed for Lack of Jurisdiction.

Before McKEITHEN, C.J., KREGER and GAULTNEY, JJ.


MEMORANDUM OPINION


On November 10, 2005, we informed the parties that our jurisdiction was not apparent from the notices of appeal, and notified them that the appeals would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeals. The appellant filed a response, but failed to articulate a valid basis for jurisdiction in that response. The notices of appeal seek to appeal the denial of motions to recuse filed in two criminal prosecutions. The trial court's denials of these motions are not appealable at this time. See Tex. R. Civ. P. 18a(f) (denial of motion to recuse is reviewed on appeal from the final judgment); Arnold v. State, 853 S.W.2d 543, 544 (Tex.Crim.App. 1993) (civil rule governing recusal motions applies in a criminal case). Accordingly, we hold the orders from which the appellant appeals are not appealable. The appeals are dismissed for want of jurisdiction.


Summaries of

Osborne v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jan 4, 2006
Nos. 09-05-268 CR, 09-05-470 CR (Tex. App. Jan. 4, 2006)
Case details for

Osborne v. State

Case Details

Full title:MICHAEL WAYNE OSBORNE, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jan 4, 2006

Citations

Nos. 09-05-268 CR, 09-05-470 CR (Tex. App. Jan. 4, 2006)