Clifford Sanders, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, Beaumont.

Clifford Sanders, Appellant v. The State of Texas, Appellee

NO. 09–15–00349–CR

Decided: September 30, 2015

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

MEMORANDUM OPINION

On September 1, 2015, the Court notified the parties that our jurisdiction was not apparent from the notice of appeal and the Court would dismiss the appeal 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 regional presiding judge's denial of a motion to recuse.   The order is not appealable prior to conviction.   See Green v. State, 374 S.W.3d 434, 445–46 (Tex.Crim.App.2012);  Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App.1991);  Means v. State, 825 S.W.2d 260, 260–61 (Tex.App.–Houston [1st Dist.] 1992, no pet.).   Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

HOLLIS HORTON, Justice

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