The State of Texas v. Norman Franco--Appeal from County Court at Law No. 1 of Hays County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-340-CR
THE STATE OF TEXAS,

APPELLANT

 
vs.
NORMAN FRANCO,

APPELLEE

 
FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY,
NO. 33,748, HONORABLE HOWARD S. WARNER, II, JUDGE PRESIDING

PER CURIAM

The State appeals an order of the county court at law dismissing this cause. Tex. Code Crim. Proc. Ann. art. 44.01(a)(1) (Supp. 1992). The underlying offense is speeding. Tex. Rev. Civ. Stat. Ann. art. 6701d, 166, 169B (1977).

This cause originated in justice court, where appellee entered a plea of no contest. Appellee perfected his appeal to the county court at law. Tex. Code Crim. Proc. Ann. art. 44.14 (1979). By thereafter granting appellee's motion to dismiss, the county court at law terminated the criminal action and effectively discharged appellee from further prosecution. See State v. Eaves, 800 S.W.2d 220, 224 (Tex. Crim. App. 1990).

Appellee moved to dismiss the cause on two grounds. First, he urged that the justice court judgment was defective because it did not satisfy all the requisites of Tex. Code Crim. Proc. Ann. art. 42.01 (Supp. 1992). This contention was without merit for the reasons stated in State v. Campbell, No. 3-91-265-CR (Tex. App.--Austin, November 27, 1991).

Appellee's second ground for dismissal was that the proceedings in the justice court were void because no formal complaint had been filed when he entered his plea. This contention was without merit for the reasons stated in State v. Shaw, No. 3-91-324-CR (Tex. App.--Austin, January 22, 1992).

The State's second and third points of error are sustained. The order dismissing the cause is reversed, and the cause is remanded to the county court at law for further proceedings.

 

[Before Justices Powers, Jones and Kidd]

Reversed and Remanded

Filed: February 5, 1992

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