In Kelly v. State, 18 S.W.3d 239, 242 (Tex. App.--Amarillo 2000, no pet.) the defendant appealed the denial of a motion to recuse the trial judge in his aggravated robbery case. The defendant moved to recuse the judge because he had overheard several witnesses discussing an unrelated assault by the defendant. The Court of Appeals concluded that the factual basis for the grounds to recuse the trial judge were not related to the facts and evidence supporting the conviction in the case. Kelly, 18 S.W.3d at 241.