In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-13-00293-CR
____________________
ADRIAN HEATH, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 12-03-02580 CR
________________________________________________________ _____________
MEMORANDUM OPINION
On July 15, 2013, we notified the parties that our jurisdiction was not
apparent from the notice of appeal and the appeal would be dismissed for want of
jurisdiction unless we received a response showing grounds for continuing the
appeal. No response has been filed.
The notice of appeal seeks to appeal the denial of a motion to recuse. The
order is not appealable prior to conviction. See Green v. State, 374 S.W.3d 434,
1
445-46 (Tex. Crim. App. 2012); Apolinar v. State, 820 S.W.2d 792, 794 (Tex.
Crim. App. 1991). Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
________________________________
STEVE McKEITHEN
Chief Justice
Opinion Delivered September 4, 2013
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
2