Ebby Wade v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 11, 2023
• Docket: 05-23-00769-CR
• Status: Published

Opinion

DISMISS and Opinion Filed October 11, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00769-CR

EBBY WADE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 073026

MEMORANDUM OPINION Before Chief Justice Burns, Justice Garcia, and Justice Kennedy Opinion by Chief Justice Burns Appellant filed a notice of appeal stating he was appealing the Regional

Presiding Judge’s pretrial denial of appellant’s motion to recuse the trial judge. The

clerk’s record shows final judgment of conviction has not been signed; therefore,

this appeal is interlocutory.

Courts of appeals do not have jurisdiction to review interlocutory orders

unless that jurisdiction has been expressly granted by law. Ragston v. State, 424

S.W.3d 49, 52 (Tex. Crim. App. 2014). The pretrial denial of a motion to recuse the trial judge is not an appealable

interlocutory order. See Silver v. State¸ 04-22-00190-CR, 2022 WL 1478571, at *1

(Tex. App.—San Antonio May 11, 2022, no pet.) (per curiam) (mem op.) (not

designated for publication). Accordingly, we lack jurisdiction over this appeal. See

id. We dismiss this appeal for want of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47.2(b)

230769F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EBBY WADE, Appellant On Appeal from the 397th Judicial District Court, Grayson County, No. 05-23-00769-CR V. Texas Trial Court Cause No. 073026. THE STATE OF TEXAS, Appellee Opinion delivered by Chief Justice Burns. Justices Garcia and Kennedy participating.

Based on the Court’s opinion of this date, this appeal is DISMISSED for want of jurisdiction.

Judgment entered October 11, 2023

–3–