Ebby Wade v. The State of Texas Appeal from 397th Judicial District Court of Grayson County (memorandum opinion)

 Annotate this Case
Download PDF
DISMISS and Opinion Filed October 11, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00769-CR EBBY WADE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 073026 MEMORANDUM OPINION Before Chief Justice Burns, Justice Garcia, and Justice Kennedy Opinion by Chief Justice Burns Appellant filed a notice of appeal stating he was appealing the Regional Presiding Judge’s pretrial denial of appellant’s motion to recuse the trial judge. The clerk’s record shows final judgment of conviction has not been signed; therefore, this appeal is interlocutory. Courts of appeals do not have 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). The pretrial denial of a motion to recuse the trial judge is not an appealable interlocutory order. See Silver v. State¸ 04-22-00190-CR, 2022 WL 1478571, at *1 (Tex. App.—San Antonio May 11, 2022, no pet.) (per curiam) (mem op.) (not designated for publication). Accordingly, we lack jurisdiction over this appeal. See id. We dismiss this appeal for want of jurisdiction. Do Not Publish TEX. R. APP. P. 47.2(b) /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 230769F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EBBY WADE, Appellant No. 05-23-00769-CR On Appeal from the 397th Judicial District Court, Grayson County, Texas Trial Court Cause No. 073026. Opinion delivered by Chief Justice Burns. Justices Garcia and Kennedy participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, this appeal is DISMISSED for want of jurisdiction. Judgment entered October 11, 2023 –3–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.