James Thomas LaPointe v. State

• Court: Court of Appeals of Texas
• Decided: June 16, 2009
• Docket: 03-09-00303-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

---

NO. 03-09-00303-CR

James Thomas LaPointe, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT

NO. 03-111-K368, HONORABLE BURT CARNES, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant James Thomas La Pointe seeks to appeal a denial of his motion to recuse in a habeas proceeding. The trial court's denial of this motion cannot be appealed as an interlocutory order. See Tex. R. Civ. P. 18a(f) (denial of motion to recuse is reviewed on appeal from final judgment); Arnold v. State, 853 S.W.2d 543, 544 (Tex. Crim. App. 1993) (civil rule governing recusal motions applies in criminal cases). Accordingly, this appeal is dismissed for want of jurisdiction.

___________________________________________

Diane M. Henson, Justice

Before Chief Justice Jones, Justices Puryear and Henson

Dismissed for Want of Jurisdiction

Filed: June 16, 2009

Do Not Publish