. State, No. 01-18-00624-CR, 2020 WL 237935, at *1-3 (Tex. App.-Houston [1st Dist.] Jan. 16, 2020, pet. ref'd) (mem. op., not designated for publication) (holding trial court had jurisdiction over defendant when "underlying indictment was presented to the district clerk by the grand jury empaneled by the 178th District Court of Harris County, Texas" and rejecting argument that "text of the Texas Constitution and Texas Code of Criminal Procedure contemplate that grand juries may return indictments only to the court that impaneled them"); Payne v. State, No. 01-16-00977-CR, 2018 WL 4190047, at *3 (Tex. App.-Houston [1st Dist.] Aug. 31, 2018, pet. ref'd) (mem. op., not designated for publication) (relying on Henderson and Davis and overruling argument trial court lacked jurisdiction because grand jury of different Harris County district court presented indictment to trial court because "relevant facts of this case do not differ materially from the relevant facts in Henderson and Davis"); Shepherd v. State, No. 01-16-00748-CR, 2017 WL 2813165, at *1 (Tex. App.- Houston [1st Dist.] June 29, 2017, pet. ref'd) (mem. op., not designated for publication) (holding argument trial court was not vested with jurisdiction because grand jury of another district court in Harris County presented indictment was "not a jurisdictional matter, Appellant's failure to challenge the indictment or the proceedings in the trial court constitutes a waiver of his right to challenge any procedural irregularity"); Hernandez v. State, No. 01-15-00837-CR, 2017 WL 1416877, at *2 (Tex. App.-Houston [1st Dist.] Apr. 20, 2017, pet. ref'd) (mem. op., not designated for publication) (holding argument trial court lacked jurisdiction because grand jury of different Harris County district court presented indictment could not be raised for first time on appeal and "Hernandez's failure to challenge the indictment or the proceedings in the 263rd District Court prior to trial constitutes a waiver of his right to challenge any procedural irregularity"). Although Johnson is the primary authority the States cites from the Fourteenth
In multi-court counties, such as Harris County, a specific district court may impanel a grand jury, but it does not necessarily follow that all cases considered by that court's grand jury are assigned to that court. See Henderson, 526 S.W.3d at 820; Davis, 519 S.W.3d at 255 ("If a grand jury in one district court returns an indictment in a case, the case nevertheless may be then assigned to any district court within the same county."); Hernandez v. State, 327 S.W.3d 200, 204 (Tex. App.—San Antonio 2010, pet. ref'd); Bourque, 156 S.W.3d at 678; Tamez v. State, 27 S.W.3d 668, 670 n.1 (Tex. App.—Waco 2000, pet. ref'd) (noting that "the judges of the Harris County district courts exercising criminal jurisdiction have adopted a procedure by which indictments are filed in each court on a rotating basis without reference to the court which empaneled the grand jury presenting the indictments"); see also Shepherd v. State, No. 01-16-00748-CR, 2017 WL 2813165, at *1 (Tex. App.—Houston [1st Dist.] June 29, 2017, pet. ref'd) (mem. op., not designated for publication). In other words, one court may impanel a grand jury, and if an indictment is presented, the case may be filed in another court of competent jurisdiction within the same county.
Under these circumstances, and for the reasons stated in our prior opinions, the 209th District Court was properly vested with jurisdiction over appellant. See Saldivar, 2017 WL 4697888, at *1-2; Aguillon, 2017 WL 3045797, at *1-3; see also Shepherd v. State, No. 01-16-00748-CR, 2017 WL 2813165, at *1 (Tex. App.—Houston [1st Dist.] June 29, 2017, pet. ref'd) (mem. op., not designated for publication) ("After the grand jury votes concerning presentment of an indictment, the State can file in any court that has jurisdiction over the case."). We overrule appellant's first issue.
Thus, in multi-court counties, such as Harris County, although a specific district court may impanel a grand jury, it does not necessarily follow that all cases considered by that court's grand jury are assigned to that court. See Henderson, 526 S.W.3d at 820; Aguillon, 2017 WL 3045797, at *2; Shepherd v. State, No. 01-16-00748-CR, 2017 WL 2813165, at *1 (Tex. App.—Houston [1st Dist.] June 29, 2017, pet. ref'd) (mem. op., not designated for publication); Davis, 519 S.W.3d at 255 ("If a grand jury in one district court returns an indictment in a case, the case nevertheless may be then assigned to any district court within the same county."); Hernandez v. State, 327 S.W.3d 200, 204 (Tex. App.—San Antonio 2010, pet. ref'd); Bourque, 156 S.W.3d at 678; see also Tamez v. State, 27 S.W.3d 668, 670 n.1 (Tex. App.—Waco 2000, pet. ref'd) (noting "the judges of the Harris County district courts exercising criminal jurisdiction have adopted a procedure by which indictments are filed in each court on a rotating basis without reference to the court which empaneled the grand jury presenting the indictments"). In other words, one court may impanel a grand jury, and if an indictment is presented, the case may be filed in another court of competent jurisdiction within the same county.