Mahsa Parviz-Khyavi v. State ( 2020 )

Dismissed and Opinion Filed October 9, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00870-CR
No. 05-20-00871-CR
No. 05-20-00872-CR
No. 05-20-00873-CR
MAHSA PARVIZ-KHYAVI, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 219-83499-2017, 2019-81286-2018,
219-81679-2018 & 2019-82552-2019
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Browning
Opinion by Justice Molberg
On September 22, 2020, Mahsa Parviz-Khyavi filed notices of appeal in each
of the above cases. Each notice states he is appealing “an order from 09/02/2020,
later erroneously issued on 09/10/2020,” denying his motion to recuse Judge
Edgeworth. We dismiss these appeals.
A defendant’s right to appeal in a criminal case is a statutorily created right.
TEX. CODE CRIM. PROC. ANN. art. 44.02; Bayless v. State, 91 S.W.3d 801, 805 (Tex.
Crim. App. 2002). Courts of appeals lack 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); Abbott v. State, 271 S.W.3d 694, 696-97
(Tex. Crim. App. 2008); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas
1998, no pet.).
The procedures for recusal of judges are set out in the rules of civil procedure
and apply to criminal cases. TEX. R. CIV. P. 18a; De Leon v. Aguilar, 127 S.W.3d 1,
5 (Tex. Crim. App. 2004) (orig. proceeding); Arnold v. State, 853 S.W.2d 543, 544
(Tex. Crim. App. 1993). An order denying a motion to recuse is reviewable only on
appeal from a final judgment. TEX. R. CIV. P. 18a(j)(1)(A). Absent a timely appeal
of a final conviction, an appellate court lacks jurisdiction over a trial court’s stand-
alone order denying a motion to recuse. Green v. State, 374 S.W.3d 434, 445 (Tex.
Crim. App. 2012).
Appellant filed motions to recuse Judge Edgeworth in each of the above cases,
which the assigned judge denied. However, appellant has not been convicted of any
crime. Because there are no final convictions, we lack jurisdiction over these
appeals.
We dismiss these appeals.
200870f.u05 KEN MOLBERG
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 219-83499-
No. 05-20-00870-CR V. 2017.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and
Browning participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 9th day of October, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 219-81286-
No. 05-20-00871-CR V. 2018.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and
Browning participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 9th day of October, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 219-81679-
No. 05-20-00872-CR V. 2018.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and
Browning participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 9th day of October, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MAHSA PARVIZ-KHYAVI, On Appeal from the 219th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 219-82552-
No. 05-20-00873-CR V. 2019.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and
Browning participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 9th day of October, 2020.
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