. .
THEATTORNEY GENERAL
OF TEXAS
WI& WILSON
AlTORNEYGENERAL
January 29, 1962
Honorable James S. Grisham Opinion No. WWL13249
Criminal District Attorney
Van Zandt County He : Where a misdemeanor offense
Canton, Texas is committed in one justice
precinct and a complaint is
filed in a justice precinct
other than the one where the
offense was committed, should
the case be transferredto
the precinctwhere the offense
was committed upon motion of
Dear Mr. Grisham: the defendant.
This office received your request for an opinion on the
following question:
"Where a misdemeanor is committed in Pre-
cinct No. 7 in Van Zandt County, Texas, and
the complaint is filed against the defendant
in Precinct No. 5 and thereafterthe defendant
timely files a motion to have the case trans-
ferred to Precinct No. 7, the precinct in
which the offense was committed,may the Jus-
tice of the Peace be forced to grant said mo-
tion or may he, as a matter of discretion,
werrule said motion and proceed to try the
case?"
We would like to call your attention to Ex aarte Brown,
43 Tex.Crim.45, 64 S.W. 249 (19011,where in a fact situation
sinilar to that presented to,us, the court of Criminal Appeals
stated as follows:
.
11
. . the civil jurisdictionof justices
of the peace is limited in their territorial
jurisdictionto the precinct, except in certain
designated instances. No such provision has
been enacted by the legislaturewith reference
to criminal matters. Article 96, Code Cr.Proc.
(now Article 60, V.A.C.C.P.) provides, 'Justices
of the peace shall have and exercise concurrent
jurisdictionwith other courts in all cases aris-
ing under the criminal laws of this state, in
.
Hon. James S. Grisham, Page 2 (WW-1249)
which punishmentis by fine only, and where the
maximum of such fine may not exceed $200, except
in cases involving official misconduct.' We
hold that the term 'originalconcurrent jurisdic-
tion' means that the territorial jurisdictionof
the justice of the peace in criminal matters is
co-extensivewith the limits of the county. . . .*I
The court then held that in misdemeanor cases over
which the justice of the peace has concurrent jurisdictionthe
court has l'ampleand full constitutionalpower to try the same,
whether said offense occurred in his precinct, or in some other
precinct in said county." Ek oarte Brown, suura.
Turning to Article 64, V.A.C.C.P.we find:
"When two or more courts have concurrent
jurisdictionof any criminal offense, the court
in which an indictment or a complaint shall first
be filed shall retain jurisdictionof such of-
fense to the exclusion of all other courts."
Articles 60a, 6Ca-1 and 6Oa-2 of the Code of Criminal
Procedure (H.B. 342, Acts 48th Leg., pp. 424-425), attempt to
place a restriction on which justice court has jurisdictionof a
misdemeanor case by reason of where the alleged offense was com-
mitted or where the defendant lives. In Attorney Generals' Opin-
ions No. O-6940 (1945) and No. v-496 (19481, it has been held
that these statutes are unconstitutional.
In considering,therefore,Ex parte Brown, sum+ and
Article 64, V.A.C.C.P.we conclude that the accused does not have
the right to have his case transferredto the precinctwhere the
offense was committed.
Where a misdemeanor offense is committed in
one justice precinct and a complaint is filed in
a justice precinct in the same county otherthan
the one where the offense was committed, the case
may not be transferredon defendant'smotion to
the precinct in which the crime was committed.
Yours very truly,
WILL WILSON
Attorney General of Texas
By ?izil-?s~~
.
IRS:sh:wb Assistant Attorney General
. .
Hon. James S. Grisham, Page 3 WW-1249)
APPROVED:
OPINION COMMITTEE
Howard W. Mays Chairman
Riley Eugene Fletcher
Elm& Xc?fey
,BillAllen
&lcolm Quick
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.