The State of Texas v. Alexa Paola Zambrano, 08-24-00274-CR

Alexa Paola Zambrano was indicted by a grand jury for participating in a riot (a Class B misdemeanor) in El Paso, Texas.
The indictments against Zambrano and numerous others were returned by a grand jury empaneled in a district court but were directly filed and assigned to a county court at law, not in the district court initially.
Zambrano filed a plea to the jurisdiction in the county court, arguing the county court lacked jurisdiction due to improper filing/transfer.
The trial (county) court dismissed the case for lack of subject-matter jurisdiction, noting the indictment wasn't properly transferred from district court as legally required.
The State appealed, claiming either the transfer was effective or the defect was only procedural and rectifiable, not jurisdictional; the case is now before the Court of Appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the indictment properly transferred to county court?	State: The transfer was effective under the law, or at worst, a procedural irregularity.	Zambrano: No, required statutory steps were not followed—no district court filing or transfer order.	No, the indictment was not properly transferred; proper steps were not followed.
Does an improperly transferred indictment vest jurisdiction in county court?	State: Any defects in transfer are procedural, not jurisdictional, and can be corrected.	Zambrano: Defect is jurisdictional; county court has no power to act except to dismiss without a valid transfer.	Defect is jurisdictional; county court lacked authority and could only dismiss.
Is dismissal the proper remedy for lack of jurisdiction?	State: County court should have sent the case back or allowed State to correct issue.	Zambrano: Dismissal is only appropriate remedy for lack of jurisdiction.	Dismissal is the sole remedy when jurisdiction never vests.
Is the county court’s dismissal order appealable by the State?	State: Yes, because the order terminated prosecution on the indictment.	Zambrano: No, since re-filing is possible, the order is not final or appealable.	Yes, order is appealable as it terminated prosecution on this indictment.

State v. Dunbar, 297 S.W.3d 777 (Tex. Crim. App. 2009) (jurisdiction is absolute and without it a court has no power to act)
Jenkins v. State, 592 S.W.3d 894 (Tex. Crim. App. 2018) (criminal jurisdiction requires proper filing of indictment or information)
State v. Moreno, 807 S.W.2d 327 (Tex. Crim. App. 1991) (State may appeal a trial court order that effectively terminates prosecution)
State v. Hall, 829 S.W.2d 184 (Tex. Crim. App. 1992) (constitutional amendment did not alter requirement that indictments be presented to district court)
Ex parte Edone, 740 S.W.2d 446 (Tex. Crim. App. 1987) (explaining Texas grand jury process and requirements)