IN THE
TENTH COURT OF APPEALS
No. 10-09-00268-CR
JAMES RILEY LEMONS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Walker County, Texas
Trial Court No. 24,661
MEMORANDUM OPINION
James R. Lemons filed a pro se notice of appeal complaining of the trial court’s
denial of his motion for recusal.
In an August 25, 2009 letter, we notified Lemons that this cause was subject to
dismissal for want of jurisdiction because it appeared that this Court does not have
jurisdiction of his appeal of the denial of the motion for recusal. See Abbott v. State, 271
S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether
appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91
S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.) (court has jurisdiction over criminal
appeals only when expressly granted by law). We warned Lemons that we would
dismiss this appeal unless, within 21 days, he showed grounds for continuing it.
Lemons has not filed a response. We dismiss this appeal for want of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Dismissed
Opinion delivered and filed October 7, 2009
Do not publish
[CR25]
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