Opinion
Nos. 05-08-01662-CR, 05-08-01663-CR
Opinion issued July 8, 2009. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause Nos. F06-73279-PL, F07-58124-KL.
Before Justices MORRIS, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
In these cases, Jonathan Ramon Coleman waived a jury and pleaded guilty to aggravated robbery with a deadly weapon and burglary of a habitation. The trial court assessed punishment at seventeen years' imprisonment and a $2,000 fine in each case. In his sole point of error in both cases, appellant contends the trial court lacked jurisdiction to hear the cases and render judgment. We modify the judgment in cause number 05-08-01662-CR to reflect the assessment of the $2,000 fine and affirm both judgments. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. In a single point of error, appellant complains the trial court lacked jurisdiction over his cases because they were not properly transferred to the court's docket. The indictments for the two cases were returned in the 203rd Judicial District Court and Criminal District Court No. 4, respectively, but the record contains no orders transferring the cases to Criminal District Court No. 5, where the cases were heard and the judgments rendered. Appellant did not raise the issue of absence of transfer orders in the trial court. Consequently, appellant's complaint, raised for the first time on appeal, is untimely. See Sharkey v. State, 994 S.W.2d 417, 419 (Tex.App.-Texarkana 1999, no pet.). We overrule appellant's sole point of error in each case. In a cross-point, the State asks us to modify the trial court's judgment in cause number 05-08-01662-CR. The court reporter's record shows the trial court assessed a $2,000 fine in the case. The written judgment, however, does not include the fine. We sustain the State's cross-point. We modify the trial court's judgment to show the $2,000 fine. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex.Crim.App. 1993). In cause number 05-08-01662-CR, we affirm the trial court's judgment as modified. In cause number 05-08-01663-CR, we affirm the trial court's judgment.