AFFIRMED and Opinion Filed June 24, 2024 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-00476-CR 

JOHN RICHARD ALLEN, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 363rd Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. F19-00144-W 

MEMORANDUM OPINION 

Before Justices Reichek, Goldstein, and Garcia 

Opinion by Justice Reichek 

Following a jury trial, John Richard Allen appeals his conviction for 

aggravated sexual assault. In this appeal, he contends the trial court erred by giving 

a definition of “reasonable doubt” in the jury charge and contends the trial court 

lacked jurisdiction over his case because the case was not transferred to the court’s 

docket. We affirm. 

Background 

 The grand jury that indicted appellant for aggravated sexual assault was 

impaneled by Dallas County Criminal District Court No. 4 for a term that began in 
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January 2019. The indictment alleged that in November 2003, appellant 

intentionally and knowingly caused the sexual organ of the complainant, without her 

consent, to contact appellant’s sexual organ and by acts or words occurring in the 

complainant’s presence threatened to cause, or placed the complainant in fear of, 

death, serious bodily injury, and kidnapping. The indictment further alleged two 

prior felonies as enhancements. It was filed in the 363rd District Court on March 5, 

2019. A jury found appellant guilty as charged in the indictment, and the trial judge 

assessed a life sentence. 

Jury Charge 

 In his first issue, appellant complains of the following language in the jury 

charge: “The prosecution need not prove guilt beyond all possible doubt. The 

prosecution’s proof must exclude all reasonable doubt concerning the Defendant’s 

guilt.”1

 He maintains that this instruction constituted an impermissible definition of 

“reasonable doubt” under Paulson v. State, 28 S.W.3d 570, 573 (Tex. Crim. App. 

2000), which indicated that the better practice is to give no definition for the term. 

 We reject appellant’s argument, as we have on previous occasions. See 

Bullock v. State, 673 S.W.3d 758, 767 & n.2 (Tex. App.—Dallas 2023, no pet.) 

(collecting cases). This Court has long held that the complained-of instruction does 

1

 After we notified the parties that the clerk’s record did not contain the jury charge, it was determined 

the original charge was missing. The parties agreed to submit an unsigned charge for purposes of the record, 

and the quoted language is from that charge. 
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not define “reasonable doubt.” O’Canas v. State, 140 S.W.3d 695, 701–02 (Tex. 

App.—Dallas 2003, pet. ref’d); Bates v. State, 164 S.W.3d 928, 931 (Tex. App.—

Dallas 2005, no pet.). Further, the court of criminal appeals has held that a trial court 

does not abuse its discretion by including the instruction in the jury charge. See 

Mays v. State, 318 S.W.3d 368, 389 (Tex. Crim. App. 2010); Woods v. State, 152 

S.W.3d 105, 115 (Tex. Crim. App. 2004). We overrule appellant’s first issue. 

Jurisdiction 

 In his second issue, appellant contends the trial court, the 363rd District Court, 

lacked jurisdiction over this case because Criminal District Court No. 4, which 

impaneled the grand jury, did not enter a transfer order. We have rejected this issue 

numerous times in appeals in which appellant’s counsel represented an appellant and 

will do so again today. See Bullock, 673 S.W.3d at 768–69 & n.3 (noting that as of 

July 2023, we rejected this issue in over 75 prior cases in which this counsel 

represented an appellant). 

When a defendant fails to file a plea to the jurisdiction, he waives the right to 

complain that a transfer order does not appear in the record. Id. at 768. Because 

appellant did not file a plea to the jurisdiction, he has waived this issue. Even if 

appellant had preserved error, there is none because the record shows the trial court 

possessed jurisdiction over the case as the court in which the indictment was first 

filed. See TEX. CODE CRIM. PROC. ANN. art. 4.16 (“When two or more courts have 

concurrent jurisdiction of any criminal offense, the court in which an indictment or 
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a complaint shall first be filed shall retain jurisdiction except as provided in Article 

4.12,” which applies to misdemeanor cases.); Bullock, 673 S.W.3d at 769–70. We 

overrule appellant’s second issue. 

 We affirm the trial court’s judgment. 

Goldstein, J., dissenting 

Do Not Publish 

TEX. R. APP. P. 47.2(b). 

230476F.U05 

 

/Amanda L. Reichek/

AMANDA L. REICHEK 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

JOHN RICHARD ALLEN, 

Appellant 

No. 05-23-00476-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 363rd Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. F19-00144-W. 

Opinion delivered by Justice 

Reichek. Justices Goldstein and 

Garcia participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is 

AFFIRMED. 

Judgment entered this 24th day of June, 2024.