                                      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,



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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Do Not Publish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.




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