Quincy Blakely v. State

Opinion

DISMISS and Opinion Filed December 18, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01471-CR

QUINCY BLAKELY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-18020-M

MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Myers Opinion by Chief Justice Wright On December 6, 2018, Quincy Blake filed a notice of appeal. In the notice, he states he is

appealing the “order that was allegedly entered in the record of the trial court ordering a retrial of

cause number F1518020.” Attached to the notice of appeal, however, is the trial court’s December

5, 2018 “Order of Referral on Motion to Recuse” in which the trial court declined to recuse and

referred the request to the Presiding Judge of the First Administrative Region. We contacted the

court coordinator who informed us that the only order entered in the trial court in this case during

the last thirty days was the December 5th order declining to recuse.

An order denying a motion to recuse “may be reviewed for abuse of discretion on appeal

from the final judgment.” Green v. State, 374 S.W.3d 434, 445 (Tex. Crim. App. 2012). It follows that an order declining to recuse and referring the matter to the presiding judge of an administrative

region would likewise be an interlocutory order over which we have no jurisdiction. Id

We dismiss this appeal for want of jurisdiction.

/Carolyn Wright/ CAROLYN WRIGHT Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47.2(b) 181471F.U05

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

QUINCY BLAKELY, Appellant On Appeal from the 194th Judicial District Court, Dallas County, Texas No. 05-18-01471-CR V. Trial Court Cause No. F15-18020-M. Opinion delivered by Chief Justice Wright. THE STATE OF TEXAS , Appellee Justices Francis and Myers participating.

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

Judgment entered December 18, 2018.

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