Adrian Heath v. State

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00293-CR ____________________

ADRIAN HEATH, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 12-03-02580 CR ________________________________________________________ _____________

MEMORANDUM OPINION

On July 15, 2013, we notified the parties that our jurisdiction was not

apparent from the notice of appeal and the appeal would be dismissed for want of

jurisdiction unless we received a response showing grounds for continuing the

appeal. No response has been filed.

The notice of appeal seeks to appeal the denial of a motion to recuse. The

order is not appealable prior to conviction. See Green v. State, 374 S.W.3d 434,

1 445-46 (Tex. Crim. App. 2012); Apolinar v. State, 820 S.W.2d 792, 794 (Tex.

Crim. App. 1991). Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Opinion Delivered September 4, 2013 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.