Mark Reed v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-167 CR ____________________

MARK REED, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 95602

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MEMORANDUM OPINION

On May 4, 2006, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. No reply has been filed.

The notice of appeal seeks to appeal the denial of a motion to recuse. The trial court's denial of this motion is not appealable at this time. See Tex. R. Civ. P. 18a(f) (denial of motion to recuse is reviewed on appeal from the final judgment); Arnold v. State, 853 S.W.2d 543, 544 (Tex. Crim. App. 1993) (civil rule governing recusal motions applies in a criminal case).

Accordingly, we hold the order from which the appellant appeals is not appealable. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

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HOLLIS HORTON

Justice

Opinion Delivered June 28, 2006

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.