Joey Marquel Hines v. State
05-17-00416-CR
| Tex. App. | Dec 11, 2017Background
- Joey Marquel Hines pleaded guilty to aggravated assault with a deadly weapon and admitted the enhancement; trial court deferred adjudication and placed him on five years' community supervision.
- A condition of supervision prohibited committing any offense under Texas, other states, or U.S. law.
- The State later moved to adjudicate, alleging violations; at the adjudication hearing the State relied on Hines’s subsequent conviction for burglary of a building in Robertson County.
- The trial court found Hines violated the supervision condition, adjudicated him guilty, and sentenced him to ten years' imprisonment.
- Hines appealed, arguing the trial court lacked jurisdiction because the indictment was originally presented to the 291st Judicial District Court and no written transfer order to Criminal District Court No. 2 appears in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Criminal District Court No. 2 lacked jurisdiction because no written transfer order appears in the record | Hines: the case was presented to the 291st; absent a transfer order, that court retained jurisdiction and CDC No. 2 lacked authority to adjudicate | State: absence of a transfer order is a procedural defect; the case was filed in CDC No. 2, which had jurisdiction; grand jury is an arm of the court and local rules govern assignment/docketing | Court affirmed: failure to file plea to jurisdiction preserved no error; on the merits, CDC No. 2 had jurisdiction and judgment affirmed |
Key Cases Cited
- Mills v. State, 742 S.W.2d 831 (Tex. App.—Dallas 1987) (absence of transfer order is procedural, not jurisdictional)
- Lemasurier v. State, 91 S.W.3d 897 (Tex. App.—Ft. Worth 2002) (same)
- Bourque v. State, 156 S.W.3d 675 (Tex. App.—Dallas 2005) (grand jury often characterized as an arm of the court that impaneled it)
- Dallas County Dist. Attorney v. Doe, 969 S.W.2d 537 (Tex. App.—Dallas 1998) (discussing supervisory power of the court over the grand jury)
- Hultin v. State, 351 S.W.2d 248 (Tex. Crim. App. 1961) (following presentment, an indictment is filed in a court with jurisdiction to hear the case)