AFFIRM; and Opinion Filed March 27, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01198-CR
No. 05-14-01199-CR
KEITH RUPERT PETEET, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause Nos. F13-00371-L, F13-00372-L
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Brown
Opinion by Justice Brown
Keith Rupert Peteet appeals his convictions, following adjudication of his guilt, for two
offenses of injury to a child. In a single issue, appellant contends the trial court lacked
jurisdiction to hear the cases and render judgments. We affirm the trial court’s judgment
adjudicating guilt.
Appellant waived a jury and his right to have a grand jury return an indictment, pleaded
guilty to informations alleging two injury to a child offenses, and pleaded true to two
enhancement paragraphs contained in each information. See TEX. PENAL CODE ANN. § 22.04(a)
(West Supp. 2014). Pursuant to plea agreements, the trial court deferred adjudication of guilt,
placed appellant on seven years’ community supervision, and assessed a $2,000 fine in each
case. The State later moved to adjudicate guilt, alleging appellant violated the terms of his
community supervision. Appellant pleaded true to the allegations in a hearing on the motions.
The trial court found the allegations true, adjudicated appellant guilty of injury to a child, and
assessed punishment at twenty-five years’ imprisonment in each case.
Appellant contends the trial court lacked jurisdiction to hear the cases and render
judgments because the cases were not transferred to its docket. Appellant argues the cases were
presented to the Criminal District Court No. 7, and there was no order transferring the cases from
the Criminal District Court No. 7 to Criminal District Court No. 5 where the cases were heard
and the judgments rendered. The State responds that the trial court always had jurisdiction over
these cases; therefore, no transfer order was necessary. We agree with the State.
The record shows the Criminal District Court No. 5 obtained jurisdiction over these cases
when appellant waived his right to an indictment and was tried on informations with supporting
affidavits filed in Criminal District Court No. 5. See Ex Parte Long, 910 S.W.2d 485, 486–87
(Tex. Crim. App. 1995). Even when a transfer order is required, its absence from the record is a
procedural error rather than jurisdictional error. See Mills v. State, 742 S.W.2d 831, 834–35
(Tex. App.—Dallas 1987, no pet.). The absence of a transfer order merely subjects the
transferee court to a timely plea to the jurisdiction; it does not render actions of the transferee
court void. Mills, 742 S.W.2d at 835. If no timely plea to the jurisdiction is filed in the trial
court, appellant waives the right to complain about the lack of a transfer order on appeal. See
Mills, 742 S.W.2d at 835.
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Because appellant did not file a plea to the jurisdiction in the trial court, he has waived
his complaint about the lack of a transfer order. See Mills, 742 S.W.2d at 835. We therefore
resolve this issue against appellant.
We affirm the trial court’s judgments.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141198F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KEITH RUPERT PETEET, Appellant Appeal from the Criminal District Court
No. 5 of Dallas County, Texas (Tr.Ct.No.
No. 05-14-01198-CR V. F13-00371-L).
Opinion delivered by Justice Brown,
THE STATE OF TEXAS, Appellee Justices Bridges and Fillmore participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
AFFIRMED.
Judgment entered March 27, 2015.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KEITH RUPERT PETEET, Appellant Appeal from the Criminal District Court
No. 5 of Dallas County, Texas (Tr.Ct.No.
No. 05-14-01199-CR V. F13-00372-L).
Opinion delivered by Justice Brown,
THE STATE OF TEXAS, Appellee Justices Bridges and Fillmore participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
AFFIRMED.
Judgment entered March 27, 2015.
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