AFFIRM; and Opinion Filed May 3, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00125-CR
JAMES EARL MILES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause No. F09-33695-L
MEMORANDUM OPINION
Before Justices Moseley, Bridges, and Lang-Miers
Opinion by Justice Lang-Miers
James Earl Miles appeals his conviction for aggravated assault with a deadly weapon. In a
single point of error, appellant contends the trial court lacked jurisdiction to hear the case and
render judgment. We affirm the trial court’s judgment. The background of the cases and the
evidence admitted at trial are well known to the parties, and we therefore limit recitation of the
facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4
because the law to be applied in the cases is well settled.
Appellant waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a
knife and a bottle. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court deferred
adjudicating guilt, placed appellant on five years’ community supervision, and assessed a $1,500
fine. The State later moved to adjudicate guilt, alleging appellant violated the conditions of his
community supervision. Appellant pleaded true to the allegations in a hearing on the motion.
The trial court found the allegations true, adjudicated appellant guilty, and assessed punishment
at ten years’ imprisonment.
In his sole issue, appellant contends the Criminal District Court No. 5 lacked jurisdiction
over the case because it was not properly transferred to the court’s docket. The indictment was
returned in the 195th Judicial District Court. However, the record contains no order transferring
the case to the Criminal District Court No. 5, where the case was heard and the judgment was
rendered.
A grand jury formed and impaneled by a district judge inquires into offenses liable to
indictment and hears testimony before voting on whether to indict an accused. TEX. CODE CRIM.
PROC. ANN. arts. 20.09, 20.19 (West 2005); Ex parte Edone, 740 S.W.2d 446, 448 (Tex. Crim.
App. 1987). After the conclusion of testimony, the grand jury votes “as to the presentment of an
indictment.” TEX. CODE CRIM. PROC. ANN. art. 20.19. Following presentment, an indictment is
filed in a court with competent jurisdiction, i.e., jurisdiction to hear the case. See Hultin v. State,
171 Tex. Crim. 425, 351 S.W.2d 248, 255 (1961).
In counties having two or more district courts, the judges of the courts may adopt rules
governing the filing, numbering, and assignment of cases for trial, and the distribution of the
courts’ work they consider necessary or desirable to conduct the business of the courts. See TEX.
GOV’T CODE ANN. § 24.304 (West 2004); see also TEX. GOV’T CODE ANN. § 74.093 (West Supp.
2012) (addressing adoption of local rules of administration to provide, in part, for assignment,
docketing, transfer, and hearing of all cases). Thus, a specific district court may impanel a grand
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jury, but it does not necessarily follow that all cases returned by that grand jury are assigned to
that court. See Bourque v. State, 156 S.W.3d 675, 678 (Tex. App.-Dallas 2005, pet. ref’d).
Here, while the record shows the grand jury that returned the indictment was presided over
by the 195th Judicial District Court, the case was thereafter filed in the Criminal District Court
No. 5. We take judicial notice that both of these courts are located in Dallas County. Nothing in
the record indicates the case was ever filed in or appeared on the trial docket of the 195th
Judicial District Court. Because the Criminal District Court No. 5 had jurisdiction to hear
appellant’s case and render the judgment, we resolve appellant’s sole issue against him.
We affirm the trial court’s judgment.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130125F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES EARL MILES, Appellant Appeal from the Criminal District Court
No. 5 of Dallas County, Texas (Tr.Ct.No.
No. 05-13-00125-CR V. F09-33695-L).
Opinion delivered by Justice Lang-Miers,
THE STATE OF TEXAS, Appellee Justices Moseley and Bridges participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered May 3, 2013.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
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