Jerome Fisher Pleasant v. State

• Court: Court of Appeals of Texas
• Decided: April 23, 2013
• Docket: 14-13-00165-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 23, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00165-CR NO. 14-13-00166-CR

JEROME FISHER PLEASANT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court Harris County, Texas Trial Court Cause Nos. 1347978 and 1347979

MEMORANDUM OPINION

Appellant has filed interlocutory pro se notices of appeal from the denial of his motions to recuse the trial judge in cause number 1347978 (appeal number 14- 13-00165-CR) and cause number 134979 (appeal number 14-13-00166-CR).

We do not have jurisdiction of an interlocutory appeal from the denial of a motion to recuse. See Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex. App. -- Waco 2002, no pet.) (stating that court has jurisdiction over criminal appeals only when expressly granted by law). No law authorizes the interlocutory appeal of a denial of a motion to recuse.

Accordingly, we dismiss these appeals for want of jurisdiction.

PER CURIAM

Panel consists of Justices Boyce, Jamison and Busby. Do Not Publish C Tex. R. App. P. 47.2(b)