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Tex. Code Crim. Proc. art. 4.17

TRANSFER OF CERTAIN MISDEMEANORS

Applied in 2 court decisions — leading case Pomier v. State (2010)

Most recently applied in Pomier v. State (October 2010)

Added by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 6, eff

On a plea of not guilty to a misdemeanor offense punishable by confinement in jail, entered in a county court of a judge who is not a licensed attorney, on the motion of the state or the defendant, the judge may transfer the case to a district court having jurisdiction in the county or to a county court at law in the county presided over by a judge who is a licensed attorney. The judge may make the transfer on his own motion. The attorney representing the state in the case in county court shall continue the prosecution in the court to which the case is transferred. Provided, in no case may any such case be transferred to a district court except with the written consent of the judge of the district court to which the transfer is sought.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.