OFFICE OF THE AITORNEY GENERAL OF - 

AUSTIN 

Honorable Earnest Guinn 

County Attorney 

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 deSenbant upon 

motion have the gaae trleb,ln 

the preeinat where the ofW~#e 

oaaumd upon a motlen:belng duly 

SllO6? 

Pour request-for an opinion from this Department 

has been reoelved and considered. We quote from your requeat: 

?YPbare ,D8fen&aat la ahargsd .wlt.h speeding, if the 

Offbn86 dccurred lti Frealnct ;ne, but the oae.0 be riled 

in Prealnct 2 may Defenaant~upon motion have the oaw 

tried in Rreoinot One 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 Crlmlnal Pro~edWe, 19ES, 

provide8 the.ronn of a o~plaint In a juetlae aourt, ae followe: 

Ysuoh complaint ,ahall state: 

I, The name of the aaou6od, If known and, if unknown, 

ehall deearlbe him ae aoourately a8 preotiaable. 

8. The orfenee dth which he 18 ahaX?ged, in plain 

and ~ntelllglble wdrdr. 

8. That the offstie wa8 aOmm%tt6d in the aoULty in 

whiah the uomplalnt le m.sdo.~ ~. 

4. It muet show, rr0pr thr :date of the orrenee,,etated 

therein, that the ottenee is not barred by limitation.* 
Honorable Bn4st Ouinn, page 2 

fn the aourao 0r our exa@nation, w4 have~~been 

unable to find where the Legielaturs has authorized the 

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 prescribe the prooeaure for 

thb_ tranefor of aau8ea between partioular~Crimlna1 Dis-, 

trtat Courts and Dlstriat Courtr, Criminal Dirtriat Courts 

and Oouaty Courta, Dletrlot Court0 and Oounty Oourtr, 

County Court8 and County Courte at Law, County Courts at 

Law and County Criminal Courta, and from County Courts to 

Distrlot. Courts. 

w5tlll other etetutes provide for the transfer.of 

oausell to Criminal Dietrlat Courts :from Dlstriot Court.8 

upon the dlvsetlturs~of the criminal jurimalotlon of such 

Dietriot Courts, and to Criminal Diatriat. Courts when 

County Courtr have been tlaprlved'or juriadlotion, or when 

a Criminal Diatriceourt haa be4n dispoaaessed of 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 authority for the proposition that a defendant may have 

his case transferred upon proper motion being filed. 

~. 

In 22 Corpw Jurla, 8eousldum, page 24S, the 

r0110wlng rule ir givan: 

*In.tho abeenoe of an apzlicable etatuto 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 provide by 

statute for the transfer of criminal caa688 from one oourt 
‘... 

.- i s,-:- 

Honorable Ernest Gulnn, page 3 

to another, and valid statute8 oxlet in many states 

under whloh oourta are authorized to transiar auoh 

cauma lnetituted before them to other ~ourtet.~ 

For all of the rearoas diouassd, 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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ATTW milUWu 

By EWB chairman