OFFICE OF THE AITORNEY GENERAL OF - **AUSTIN**

HonorableEarnestGuinn CountyAttorney 31 Faso County El Woo, Texas
Dear Sir: Opinion No: O-3530 I;0: R%ere a,defendant Is charged uith speeding in one **pSeainCt** and the ~88% Is idled in another preoinct may the deSenbantupon motion have the gaae trleb,ln the preeinatwhere the ofW~#e oaaumd upon a motlen:belngduly SllO6?
Pour request-foran opinionfrom this Department has been reoelved and considered. We quote from your requeat:

?YPbare ,D8fen&aat la ahargsd .wlt.h speeding, if the **Offbn86** dccurredlti Frealnct ;ne, but the oae.0 be riled in Prealnct 2 may Defenaant~upon motion have the oaw tried in RreoinotOne before the ifurtiae of Preainog me?. 1n the event the answer to the foregoing queetlon 1s "'pes", how and when ought the motion to ~bumde?” ,~~ Artlalo 8f3S

ot.the Code of CrlmlnalPro~edWe, 19ES, **provide8** the.ronn of a o~plaint In a juetlaeaourt, ae followe:

Ysuoh complaint,ahallstate: I, The name of the aaou6od, If known and, if unknown, ehall deearlbehim ae aoouratelya8 preotiaable. 8. The orfeneedth which he 18 ahaX?ged, in plain and ~ntelllglble

wdrdr. 8. That the offstiewa8 aOmm%tt6din the aoULty in whiah the uomplalntle m.sdo.~~. 4. It muet show, rr0pr thr :date of the orrenee,,etated therein, that the ottenee is not barred by limitation.*HonorableBn4st Ouinn, page 2

fn the aourao **0r** our exa@nation, w4 have~~been unable to find where the Legielaturs has authorizedthe transfer of a caee, like the one referred to in your request, from one juetioe greolnct to another.

Provision has been made to transfer cases, in many lnatanoee in both the county ~ourte, county courts at law, and the d&riot courts. We quote from 12 Texas Jurisprudence at page 427:

"For sxample, prorislon has been made for the transfer of caxse8 where there are two Criminal District Courts or two County Courtp at Law in the same county, and for transfers between Distrlot Courts in different districts. Other statutes prescribethe prooeaure for thb_ tranefor of aau8eabetween partioular~Crimlna1 Dis-, trtat Courts and DlstriatCourtr,Criminal DirtriatCourts and Oouaty Courta, DletrlotCourt0 and Oounty Oourtr, County Court8 and County Courteat Law, County Courts at Law and County CriminalCourta,and from County Courts to Distrlot.

Courts. w5tlll other etetutes providefor the transfer.of oausell to Criminal DietrlatCourts :from Dlstriot Court.8 upon the dlvsetlturs~of the criminal jurimalotlon of such DietriotCourts, and to CriminalDiatriat. Courts when County Courtr have been tlaprlved'or juriadlotion,

or when a CriminalDiatriceourt haa be4n dispoaaessedof lte arlmlnal jurledlation whioh hae been vested b a Dfetriat Court or a County Court."

wo do not believe the holding In the aaae of Rx Parts Von Koennsrite,105 Tex. Grim. R. 13,5, Z88 8.W. 987, is authorityfor the proposition that a defendant may have his case transferred upon propermotion being filed.
~. In 22 Corpw Jurla, 8eousldum, page 24S, the 

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ruleir givan: *In.tho abeenoe of an apzlicableetatuto the tranefer 'bf a oaee from one oourt of aompetant juriedlatlon to another having conourrent jurlsdlotlon thereof is nelthor eomp4llable, nor allowable, dlrsctly or indlreotly. Wlthln constltutlonal limits, however, the legislature of a atnte may provideby statute for the transfer of criminal caa688 from one oourt‘

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HonorableErnest Gulnn, page 3

to another,and valid statute8 oxlet in many states under whloh oourtaare authorizedto transiar auoh cauma lnetitutedbefore them to other ~ourtet.~ For all of the rearoasdiouassd, we are of the opinlon and you are so advised, that your first question should **be** answered In the negative. For that reason it is not neoeasary to answer your other question. Very truiy ymrs

Ey s/ IIarold

McCracken Assistant

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