Opinion
No. 05-15-00849-CR No. 05-15-00850-CR
01-27-2016
SHAQUANALOND SHAVONN HAWKINS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F12-11897-T, F12-62917-T
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Evans
Shaquanalond Shavonn Hawkins appeals her convictions for aggravated robbery and murder. In a single issue, appellant contends the trial court lacked jurisdiction to hear these cases and render judgment. We affirm the trial court's judgments.
In cause no. 05-15-00849-CR, appellant waived a jury and pleaded guilty to aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). In cause no. 05-15-00850-CR, appellant was indicted for the offense of capital murder. The trial court, however, granted the state's motion to reduce the offense charged to murder. Appellant waived a jury and pleaded guilty to the lesser included offense of murder. See id. § 19.02(a). After finding appellant guilty, the trial court sentenced her to fifteen years' imprisonment in each case.
In a single issue, appellant contends the trial court did not have jurisdiction to hear these cases and render the judgments because these cases were not transferred to its docket. The State responds that the trial court properly exercised jurisdiction to hear the cases.
This Court has considered and rejected this issue on numerous occasions and we do so again today. See Bourque v. State, 156 S.W.3d 675, 678 (Tex. App.—Dallas 2005, pet. ref'd). The 283rd Judicial District Court had jurisdiction to hear appellant's cases and render the judgments, we overrule appellant's sole point of error.
We have cited Bourque forty-two times rejecting the argument raised by appellant. We have explained that under the government code multiple district courts in a single county may adopt rules of administration and the district judges in Dallas County with criminal jurisdiction have done so requiring the assignment of newly filed cases "on a rotating basis among the district courts." RULES OF ADMINISTRATION FOR DALLAS CRIMINAL DISTRICT COURTS AND DISTRICT COURTS GIVING PREFERENCE TO CRIMINAL CASES PURSUANT TO TEXAS GOVERNMENT CODE SECTION 74.093 1.1 (Jan. 12, 2012); TEX. GOV'T CODE ANN. § 74.093 (West Supp. 2015) (addressing adoption of local rules of administration to provide, in part, for assignment, docketing, transfer, and hearing of all cases); see e.g. Bourque, 156 S.W.3d at 678; Halton v. State, 05-14-00640-CR, 2015 WL 3991827, at *13 (Tex. App.—Dallas July 1, 2015, no pet.). Also, the constitutional provision authorizing district judges to act for one another does not require a written order. See TEX. CONST. art. V., § 11 ("District Judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when required by law."). --------
We affirm the trial court's judgments.
/David W. Evans/
DAVID EVANS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
150849F.U05
JUDGMENT
Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12-11897-T).
Opinion delivered by Justice Evans, Justices Francis and Stoddart participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
Judgment entered this 27th day of January, 2016.
JUDGMENT
Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12-62917-T).
Opinion delivered by Justice Evans, Justices Francis and Stoddart participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
Judgment entered this 27th day of January, 2016.