Ebby Wade v. the State of Texas ( 2023 )

DISMISS and Opinion Filed October 11, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00769-CR
EBBY WADE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 073026
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Garcia, and Justice Kennedy
Opinion by Chief Justice Burns
Appellant filed a notice of appeal stating he was appealing the Regional
Presiding Judge’s pretrial denial of appellant’s motion to recuse the trial judge. The
clerk’s record shows final judgment of conviction has not been signed; therefore,
this appeal is interlocutory.
Courts of appeals do not have 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).
The pretrial denial of a motion to recuse the trial judge is not an appealable
interlocutory order. See Silver v. State¸ 04-22-00190-CR, 2022 WL 1478571, at *1
(Tex. App.—San Antonio May 11, 2022, no pet.) (per curiam) (mem op.) (not
designated for publication). Accordingly, we lack jurisdiction over this appeal. See
id. We dismiss this appeal for want of jurisdiction.
/Robert D. Burns, III/
ROBERT D. BURNS, III
Do Not Publish CHIEF JUSTICE
TEX. R. APP. P. 47.2(b)
230769F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EBBY WADE, Appellant On Appeal from the 397th Judicial
District Court, Grayson County,
No. 05-23-00769-CR V. Texas
Trial Court Cause No. 073026.
THE STATE OF TEXAS, Appellee Opinion delivered by Chief Justice
Burns. Justices Garcia and Kennedy
participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for
want of jurisdiction.
Judgment entered October 11, 2023
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