Justin Lejeune v. the State of Texas ( 2021 )


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  •                                   NO. 12-21-00185-CR
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    JUSTIN LEJEUNE,                                  §      APPEAL FROM THE 420TH
    APPELLANT
    V.                                               §      JUDICIAL DISTRICT COURT
    THE STATE OF TEXAS,
    APPELLEE                                         §      NACOGDOCHES COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    Justin LeJeune appeals from a September 16, 2021, order denying his motion to
    disqualify the trial court judge. The underlying case appears to remain pending in the trial court.
    On October 12, 2021, the Clerk of this Court notified Appellant that the notice of appeal
    does not show the jurisdiction of this Court, i.e., the order being appealed is not an appealable
    order. The notice further advised that the appeal would be dismissed unless the notice of appeal
    was amended on or before November 12, 2021 to show this Court’s jurisdiction. Appellant filed
    an amended notice of appeal, stating his “intent to appeal by Mandamus Application for Appeal”
    to this Court on the denial of the motion to disqualify, “an appeal from a judgement [sic] made
    on September 16th, 2021.”
    An order granting or denying a motion to disqualify may be reviewed by mandamus and
    may be appealed in accordance with other law. TEX. R. CIV. P. 18a(j)(2); see DeLeon v.
    Aguilar, 
    127 S.W.3d 1
    , 5 (Tex. Crim. App. 2004) (orig. proceeding) (applying Rule 18a to
    criminal cases). Appellant has not filed a petition for writ of mandamus with this Court and his
    use of the term “mandamus” in his notice of appeal is not tantamount to filing a mandamus
    petition. See TEX. R. APP. P. 52.1 (“An original appellate proceeding seeking extraordinary
    relief--such as a writ of habeas corpus, mandamus, prohibition, injunction, or quo warranto--is
    commenced by filing a petition with the clerk of the appropriate appellate court.”) (emphasis
    added); see also TEX. R. APP. P. 52.3 (form and contents of petition); Fineberg v. State, No. 05-
    20-00163-CR, 
    2020 WL 2110667
    , at *4 (Tex. App.—Dallas May 4, 2020, no pet.) (mem. op.,
    not designated for publication) (rejecting request to treat notice of appeal as mandamus petition;
    two-page notice did not meet requirements of Rule 52). And “[t]here is no ‘other law’ allowing
    an interlocutory appeal of an order denying a motion to disqualify in a criminal case.”
    Muhammad v. State, No. 08-18-00125-CR, 
    2018 WL 3751742
    , at *1 (Tex. App.—El Paso Aug.
    8, 2018, pet. ref’d) (mem. op., not designated for publication).
    Accordingly, because an interlocutory appeal of the order denying Appellant’s motion to
    disqualify is not authorized, we conclude that we lack jurisdiction to consider this appeal. See
    TEX. R. APP. P. 43.2(f). We dismiss the appeal for want of jurisdiction.
    Opinion delivered November 10, 2021.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    (DO NOT PUBLISH)
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    NOVEMBER 10, 2021
    NO. 12-21-00185-CR
    JUSTIN LEJEUNE,
    Appellant
    V.
    THE STATE OF TEXAS,
    Appellee
    Appeal from the 420th District Court
    of Nacogdoches County, Texas (Tr.Ct.No. C2136321)
    THIS CAUSE came on to be heard on the appellate record, and the same
    being considered, it is the opinion of this Court that it is without jurisdiction of the appeal, and
    that the appeal should be dismissed.
    It is therefore ORDERED, ADJUDGED and DECREED by this Court that
    this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision
    be certified to the court below for observance.
    By per curiam opinion.
    Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
    THE STATE OF TEXAS
    MANDATE
    *********************************************
    TO THE 420TH DISTRICT COURT OF NACOGDOCHES COUNTY, GREETING:
    Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 8th
    day of November, 2021, the cause upon appeal to revise or reverse your judgment between
    JUSTIN LEJEUNE, Appellant
    NO. 12-21-00185-CR; Trial Court No. C2136321
    By per curiam opinion.
    THE STATE OF TEXAS, Appellee
    was determined; and therein our said Court made its order in these words:
    “THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal
    herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by
    this Court that the motion to dismiss be granted and the appeal be dismissed, and that the
    decision be certified to the court below for observance.”
    WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals
    for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly
    recognized, obeyed, and executed.
    WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court
    of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of
    Tyler, this the xx day of November, 2021.
    By: _______________________________
    KATRINA MCCLENNY, CLERK
    

Document Info

Docket Number: 12-21-00185-CR

Filed Date: 11/10/2021

Precedential Status: Precedential

Modified Date: 11/15/2021