James Riley Lemons v. State ( 2009 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00268-CR

James Riley Lemons,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 278th District Court

Walker County, Texas

Trial Court No. 24,661

MEMORANDUM  Opinion

James R. Lemons filed a pro se notice of appeal complaining of the trial court’s denial of his motion for recusal.

In an August 25, 2009 letter, we notified Lemons that this cause was subject to dismissal for want of jurisdiction because it appeared that this Court does not have jurisdiction of his appeal of the denial of the motion for recusal.  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.) (court has jurisdiction over criminal appeals only when expressly granted by law).  We warned Lemons that we would dismiss this appeal unless, within 21 days, he showed grounds for continuing it.  Lemons has not filed a response.  We dismiss this appeal for want of jurisdiction.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Dismissed

Opinion delivered and filed October 7, 2009

Do not publish

[CR25]