EX PARTE PHRORY MORAN GAMBLE FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY MEMORANDUM OPINION1 25 2011 11 07 324 578 581 2010 v. <<

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Court of Appeals of Texas, Waco.

EX PARTE PHRORY MORAN GAMBLE FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY MEMORANDUM OPINION1 Appellant Phrory Moran Gamble attempts to appeal the October 25, 2011 denial of his motion to recuse the Honorable Judge George Gallagher from presiding over the evidentiary hearing on his habeas corpus application filed pursuant to article 11.07 of the code of criminal procedure.  See Ex parte Sinegar, 324 S.W.3d 578, 581 (Tex.Crim.App.2010) (holding that rule of civil procedure 18a applies in habeas proceedings that occur before the trial court).

NO. 02–11–00507–CR

Decided: December 22, 2011

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

On November 14, 2011, we sent Gamble a letter stating our concern that we lacked jurisdiction over the appeal because he did not appear to be appealing from a judgment or other appealable order.   See McKown v. State, 915 S.W.2d 160, 161 (Tex.App.—Fort Worth 1996, no pet.)  (“We do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted to us by law.”);   see also Tex.R. Civ. P. 18a(j)(1)(A) (“An order denying a motion to recuse may be reviewed only for abuse of discretion

PANEL:  MCCOY, MEIER, and GABRIEL, JJ.

Tex.R.App. P. 47.2(b)

DELIVERED:  December 22, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

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