Mahsa Parviz-Khyavi v. The State of Texas Appeal from 219th Judicial District Court of Collin County (memorandum opinion by schenck)
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Dismissed and Opinion Filed September 30, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00843-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 No. 219-85015-2019 MEMORANDUM OPINION Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Schenck On September 22, 2020, Mahsa Parviz-Khyavi filed his notice of appeal of the September 10, 2020 order denying his motion to recuse Judge Edgeworth. We dismiss this appeal. 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 standalone order denying a motion to recuse. Green v. State, 374 S.W.3d 434, 445 (Tex. Crim. App. 2012). Here, appellant filed a motion to recuse Judge Edgeworth, and the assigned judge denied it. However, appellant has not been convicted of any crime. Because there is no final conviction, we lack jurisdiction over this appeal. We dismiss this appeal. /David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 200843F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MAHSA PARVIZ-KHYAVI, Appellant No. 05-20-00843-CR On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 219-850152019. Opinion delivered by Justice Schenck. Justices Osborne and Partida-Kipness 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 this 30th day of September, 2020. –3–
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