Asher Blanson v. The State of Texas--Appeal from 124th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00260-CR

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ASHER BLANSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 30,919-B

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Asher Blanson, acting pro se with a stand-by attorney, has filed a notice of appeal from an order denying his motion to recuse the trial judge. The right to appeal is conferred by the Legislature. See Rushing v. State, 85 S.W.3d 283, 286 (Tex. Crim. App. 2002). A party may appeal only that which the Legislature has authorized. See Connolly v. State, 983 S.W.2d 738, 744 (Tex. Crim. App. 1999). As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. See Ex parte Shumake, 953 S.W.2d 842, 844 (Tex. App. Austin 1997, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. See Tex. R. App. P. 25.2(a)(2); Ex parte Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. Fort Worth 1996, no pet.).

There is no authority granting permission to pursue an interlocutory appeal from an order on recusal. Those matters are addressed on appeal once the trial court proceedings are concluded. SeeTex. R. Civ. P. 18a(f). //

We therefore dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 13, 2004

Date Decided: January 14, 2004

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