Opinion
No. 05-08-00724-CR
Opinion issued June 17, 2008. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the County Court at Law No. 3, Collin County, Texas, Trial Court Cause No. 002-81238-06.
Before Justices MORRIS, WHITTINGTON, and O'NEILL.
MEMORANDUM OPINION
In this case, Richard John Florance, Jr. filed a notice of appeal from the trial court's order transferring the case from one court to another after the original trial judge recused himself. Appellant asserts the order "apparently strikes the entirety of the [r]ecord in this case, about two years' worth of work, on the sole basis that there's a different judge to preside over the trial." As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex.App.-Dallas 1998, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex.Crim.App. 1991); Wright, 969 S.W.2d at 589. An order transferring a case from one trial court to another following the recusal of a judge is neither a judgment of conviction nor an otherwise appealable interlocutory order. See Wright, 969 S.W.2d at 589 (setting out types of appealable interlocutory orders). Absent a judgment of conviction or other appealable order, we have no jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.