Samson Gonzalez v. The State of Texas--Appeal from 9th District Court of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-10-00343-CR ____________________ SAMSON GONZALEZ, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 10-03-02962-CR _____________________________________________________________________ MEMORANDUM OPINION Appellant Samson Gonzalez attempts to appeal the denial of a motion to recuse the trial judge in cause number 10-03-02962-CR, which is currently pending in Montgomery County, Texas. The recusal motion was heard by the Honorable Layne Walker of the 252nd District Court of Jefferson County, Texas, on July 19th, 2010, and denied on that day. Appellant filed a notice of appeal on July 20, 2010. This Court does not have interlocutory jurisdiction over this matter. See TEX. R. CIV. P. 18a(f) (Denial of a motion to recuse the trial judge is reviewed for abuse of discretion on appeal from the 1 final judgment.); Arnold v. State, 853 S.W.2d 543, 544 (Tex. Crim. App. 1993) (Rule 18a of the Texas Rules of Civil Procedure applies to criminal cases.). Because we do not have interlocutory jurisdiction to hear this appeal, it is dismissed. APPEAL DISMISSED. _____________________________ STEVE McKEITHEN Chief Justice Opinion Delivered July 22, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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