Martin v. State

OPINION

FARRAR, Justice.

Appellant, Gerald Edward Martin, appeals his jury conviction for murder. Tex.Penal Code Ann. § 19.02 (Vernon 1989). In three points of error, appellant asserts the trial judge erred in refusing to recuse himself and by refusing to refer the recusal motion to the presiding judge for a ruling when it was shown he had possibly participated in the preparation of appellant’s case while serving as an assistant district attorney. Appellant further asserts the trial judge lost jurisdiction after the filing of the motion to recuse, and the judgment is void.

The appeal is abated…