Opinion
Nos. 05-07-00007-CR, 05-07-00008-CR
Filed April 29, 2008. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the 194th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F05-73456-QM, F06-00197-VM.
Before Justices FITZGERALD, RICHTER, and LANG-MIERS.
OPINION
Robert Anthony Mendez waived a jury and pleaded nolo contendere to aggravated assault with a deadly weapon, his hand, and assault-family violence, with a prior conviction for assault-family violence. See Tex. Penal Code Ann. §§ 22.01, 22.02 (Vernon Supp. 2007). After finding appellant guilty in each case, the trial court assessed punishment at twenty years' imprisonment for aggravated assault and ten years' imprisonment for assault-family violence. In a single issue, appellant contends the convictions are void because the judge who signed the judgments did not have constitutional authority to act. We affirm. Appellant argues the Honorable Ernest White, who did not take his oath of office for the 194th Judicial District Court until January 1, 2007, signed the trial court's judgments dated November 17, 2006. Because Judge White was not qualified to sign the judgment, the proceedings were rendered null and void. The State responds appellant's complaints are moot because the records show the original judgments were signed by the judge who presided over the trial. The records show the Honorable Mary Miller, then presiding judge of the 194th Judicial District Court, presided over appellant's plea hearing held on October 27, 2006. Judge Miller found the evidence substantiated appellant's guilt in each case and passed the cases for presentence investigation reports. Judge Miller also presided over the punishment and sentencing hearings held on November 17, 2006. We have received supplemental clerk's records containing copies of the official judgments that were signed by Judge Miller on November 17, 2006. We resolve appellant's sole issue against him. We affirm the trial court's judgment in each case.