Quincy Blakely v. State

DISMISS and Opinion Filed December 18, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01471-CR
QUINCY BLAKELY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-18020-M
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Myers
Opinion by Chief Justice Wright
On December 6, 2018, Quincy Blake filed a notice of appeal. In the notice, he states he is
appealing the “order that was allegedly entered in the record of the trial court ordering a retrial of
cause number F1518020.” Attached to the notice of appeal, however, is the trial court’s December
5, 2018 “Order of Referral on Motion to Recuse” in which the trial court declined to recuse and
referred the request to the Presiding Judge of the First Administrative Region. We contacted the
court coordinator who informed us that the only order entered in the trial court in this case during
the last thirty days was the December 5th order declining to recuse.
An order denying a motion to recuse “may be reviewed for abuse of discretion on appeal
from the final judgment.” Green v. State, 374 S.W.3d 434, 445 (Tex. Crim. App. 2012). It follows
that an order declining to recuse and referring the matter to the presiding judge of an administrative
region would likewise be an interlocutory order over which we have no jurisdiction. Id
We dismiss this appeal for want of jurisdiction.
/Carolyn Wright/
CAROLYN WRIGHT
Do Not Publish CHIEF JUSTICE
TEX. R. APP. P. 47.2(b)
181471F.U05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
QUINCY BLAKELY, Appellant On Appeal from the 194th Judicial District
Court, Dallas County, Texas
No. 05-18-01471-CR V. Trial Court Cause No. F15-18020-M.
Opinion delivered by Chief Justice Wright.
THE STATE OF TEXAS , Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered December 18, 2018.
–3–