Michael Wayne Osborne v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-05-268 CR

NO. 09-05-470 CR

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MICHAEL WAYNE OSBORNE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 92306 and 89156




MEMORANDUM OPINION

On November 10, 2005, we informed the parties that our jurisdiction was not apparent from the notices of appeal, and notified them that the appeals would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeals. The appellant filed a response, but failed to articulate a valid basis for jurisdiction in that response.



The notices of appeal seek to appeal the denial of motions to recuse filed in two criminal prosecutions. The trial court's denials of these motions are not appealable at this time. See Tex. R. Civ. P. 18a(f)(denial of motion to recuse is reviewed on appeal from the final judgment); Arnold v. State, 853 S.W.2d 543, 544 (Tex. Crim. App. 1993)(civil rule governing recusal motions applies in a criminal case).

Accordingly, we hold the orders from which the appellant appeals are not appealable. The appeals are dismissed for want of jurisdiction.

APPEALS DISMISSED FOR LACK OF JURISDICTION.

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DAVID GAULTNEY

Justice



Opinion Delivered January 4, 2006

Do Not Publish

Before McKeithen, C.J., Kreger and Gaultney, JJ.