Quincy Blakely v. The State of Texas Appeal from 194th Judicial District Court of Dallas County (memorandum opinion)

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DISMISS and Opinion Filed December 18, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01471-CR QUINCY BLAKELY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-18020-M MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Myers Opinion by Chief Justice Wright On December 6, 2018, Quincy Blake filed a notice of appeal. In the notice, he states he is appealing the “order that was allegedly entered in the record of the trial court ordering a retrial of cause number F1518020.” Attached to the notice of appeal, however, is the trial court’s December 5, 2018 “Order of Referral on Motion to Recuse” in which the trial court declined to recuse and referred the request to the Presiding Judge of the First Administrative Region. We contacted the court coordinator who informed us that the only order entered in the trial court in this case during the last thirty days was the December 5th order declining to recuse. An order denying a motion to recuse “may be reviewed for abuse of discretion on appeal from the final judgment.” Green v. State, 374 S.W.3d 434, 445 (Tex. Crim. App. 2012). It follows that an order declining to recuse and referring the matter to the presiding judge of an administrative region would likewise be an interlocutory order over which we have no jurisdiction. Id We dismiss this appeal for want of jurisdiction. Do Not Publish TEX. R. APP. P. 47.2(b) 181471F.U05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT QUINCY BLAKELY, Appellant No. 05-18-01471-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-18020-M. Opinion delivered by Chief Justice Wright. Justices Francis and Myers participating. V. THE STATE OF TEXAS , Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered December 18, 2018. –3–