Mahsa Parviz-Khyavi v. State

• Court: Court of Appeals of Texas
• Decided: October 9, 2020
• Docket: 05-20-00872-CR
• Status: Published

Opinion

Dismissed and Opinion Filed October 9, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00870-CR No. 05-20-00871-CR No. 05-20-00872-CR No. 05-20-00873-CR MAHSA PARVIZ-KHYAVI, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause Nos. 219-83499-2017, 2019-81286-2018, 219-81679-2018 & 2019-82552-2019

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Molberg On September 22, 2020, Mahsa Parviz-Khyavi filed notices of appeal in each

of the above cases. Each notice states he is appealing “an order from 09/02/2020,

later erroneously issued on 09/10/2020,” denying his motion to recuse Judge

Edgeworth. We dismiss these appeals.

A defendant’s right to appeal in a criminal case is a statutorily created right.

TEX. CODE CRIM. PROC. ANN. art. 44.02; Bayless v. State, 91 S.W.3d 801, 805 (Tex.

Crim. App. 2002). Courts of appeals lack 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); Abbott v. State, 271 S.W.3d 694, 696-97

(Tex. Crim. App. 2008); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas

1998, no pet.).

The procedures for recusal of judges are set out in the rules of civil procedure

and apply to criminal cases. TEX. R. CIV. P. 18a; De Leon v. Aguilar, 127 S.W.3d 1,

5 (Tex. Crim. App. 2004) (orig. proceeding); Arnold v. State, 853 S.W.2d 543, 544

(Tex. Crim. App. 1993). An order denying a motion to recuse is reviewable only on

appeal from a final judgment. TEX. R. CIV. P. 18a(j)(1)(A). Absent a timely appeal

of a final conviction, an appellate court lacks jurisdiction over a trial court’s stand-

alone order denying a motion to recuse. Green v. State, 374 S.W.3d 434, 445 (Tex.

Crim. App. 2012).

Appellant filed motions to recuse Judge Edgeworth in each of the above cases,

which the assigned judge denied. However, appellant has not been convicted of any

crime. Because there are no final convictions, we lack jurisdiction over these

appeals.

We dismiss these appeals.

200870f.u05 KEN MOLBERG Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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

MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 219-83499- No. 05-20-00870-CR V. 2017. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and Browning participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered this 9th day of October, 2020.

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 219-81286- No. 05-20-00871-CR V. 2018. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and Browning participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 219-81679- No. 05-20-00872-CR V. 2018. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and Browning participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–5– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 219-82552- No. 05-20-00873-CR V. 2019. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and Browning participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

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