Ex Parte Jay Yoon Chung ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-19-00150-CR
EX PARTE JAY YOON CHUNG
From the County Court at Law
Navarro County, Texas
Trial Court No. C34587-CR
MEMORANDUM OPINION
Jay Yoon Chung appeals the denial of a motion to recuse the trial court judge from
Chung’s article 11.07 habeas proceeding. The denial of a motion to recuse is appealable
on a final judgment only. See In re Norman, 191 S.W.3d 858, 860 (Tex. App.—Houston
[14th Dist.] 2006, orig. proceeding). There is no final judgment in the proceeding below.1
Accordingly, this appeal is dismissed.
Notwithstanding the dismissal, Chung may file a motion for rehearing with this
Court within 15 days after this opinion and judgment are rendered if Chung believes this
1
Further, only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony
proceedings. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015); Ater v. Eighth Court of Appeals, 802 S.W.2d
241, 243 (Tex. Crim. App. 1991).
opinion and judgment are erroneously based on inaccurate information or documents.
See TEX. R. APP. P. 49.1. Moreover, if Chung desires to have the opinion and judgment of
this Court reviewed by filing a petition for discretionary review, that petition must be
filed with the Court of Criminal Appeals within 30 days after either the day this Court's
judgment is rendered or the day the last timely motion for rehearing is overruled by this
Court. See TEX. R. APP. P. 68.2(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Appeal dismissed
Opinion delivered and filed May 8, 2019
Do not publish
[OT06]
Ex parte Chung Page 2