Tommy Leon Jones v. State ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00180-CR
TOMMY LEON JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 20852-85-B
MEMORANDUM OPINION
Tommy Leon Jones attempts to appeal from an order denying his motion to
recuse. By letter dated May 20, 2011, the Clerk of this Court notified Jones that the
appeal was subject to dismissal because it appeared the order denying Jones’ motion to
recuse was an interlocutory order and was not appealable. See TEX. R. CIV. P. 18a(f) (“If
the motion is denied, it may be reviewed for abuse of discretion on appeal from the final
judgment.”) (Emphasis added); Means v. State, 825 S.W.2d 260, 260-61 (Tex. App.—
Houston [1st Dist.] 1992, no pet.); see also Apolinar v. State, 820 S.W.2d 792, 794 (Tex.
Crim. App. 1991) (“The courts of appeals do not have jurisdiction to review
interlocutory orders unless that jurisdiction has been expressly granted by law.”). The
Clerk also warned Jones that the appeal would be dismissed unless, within 21 days of
the date of the letter, a response was filed showing grounds for continuing the appeal.
See TEX. R. APP. P. 44.3. We have not received a response from Jones.
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed June 15, 2011
Do not publish
[CR25]
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