Tommy Leon Jones v. State

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00180-CR

TOMMY LEON JONES, Appellant v.

THE STATE OF TEXAS, Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 20852-85-B

MEMORANDUM OPINION

Tommy Leon Jones attempts to appeal from an order denying his motion to

recuse. By letter dated May 20, 2011, the Clerk of this Court notified Jones that the

appeal was subject to dismissal because it appeared the order denying Jones’ motion to

recuse was an interlocutory order and was not appealable. See TEX. R. CIV. P. 18a(f) (“If

the motion is denied, it may be reviewed for abuse of discretion on appeal from the final

judgment.”) (Emphasis added); Means v. State, 825 S.W.2d 260, 260-61 (Tex. App.—

Houston [1st Dist.] 1992, no pet.); see also Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991) (“The courts of appeals do not have jurisdiction to review

interlocutory orders unless that jurisdiction has been expressly granted by law.”). The

Clerk also warned Jones that the appeal would be dismissed unless, within 21 days of

the date of the letter, a response was filed showing grounds for continuing the appeal.

See TEX. R. APP. P. 44.3. We have not received a response from Jones.

Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed June 15, 2011 Do not publish [CR25]

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