Nathan Andrew Kniatt v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-03-00199-CR

Nathan Andrew Kniatt,

Appellant

v.

The State of Texas,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 25704CR

o p i n i o n o n r e h e a r i n g

In our December 5, 2007 abatement order on Appellant s motion for rehearing, we abated this appeal and remanded the cause to the trial court for a new hearing on Appellant s motion to recuse the Honorable Gene Knize. Kniatt v. State, 239 S.W.3d 910 (Tex. App. Waco 2007, order).

On January 2, 2008, Senior District Judge John Nelms, the judge assigned to conduct the hearing, heard Appellant s motion and entered an order recusing Judge Knize. An order granting a motion to recuse is not reviewable. See Tex. R. Civ. P. 18a(f).

As a result of the recusal of Judge Knize, we vacate his June 19, 2003 order denying Appellant s application for writ of habeas corpus on the voluntariness of Appellant s guilty plea. Another judge must be assigned to hear the application. See Tex. R. Civ. P. 18a(f). We remand this cause for further proceedings.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Vacated and remanded

Opinion delivered and filed April 9, 2008

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[CR25]