REGINALD BONZINE TURNER,FROM A DISTRICT COURT APPELLANT, v. OF THE STATE OF TEXAS, APPELLEE

COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
NO. 05-88-01114-CR
REGINALD BONZINE TURNER,FROM A DISTRICT COURT
 
        APPELLANT,
v. OF
 
THE STATE OF TEXAS,
 
        APPELLEE. DALLAS COUNTY, TEXAS
 
 
BEFORE CHIEF JUSTICE ENOCH AND JUSTICES BAKER AND WHITTINGTON
OPINION PER CURIAM
JULY 24, 1989
        Reginald Bonzine Turner was convicted of the offense of aggravated sexual assault. Punishment was assessed at seventy-five years' confinement. Appellant and the State have filed a motion to reverse and remand because the district court was without jurisdiction over appellant. We agree. The trial court's judgment is reversed and the indictment is ordered dismissed.
        Appellant was sixteen years old at the time of the alleged offense. The State filed with the juvenile court a motion for discretionary transfer alleging that appellant had committed robbery, two separate aggravated sexual assaults, and two separate arsons. The juvenile court transferred jurisdiction over the robbery and aggravated sexual assaults; however, it retained jurisdiction over the arson cases. This Court held that because the juvenile court did not transfer jurisdiction over all counts, and because the record did not reflect that the arson counts had been dismissed, the juvenile court did not properly transfer jurisdiction over the robbery and aggravated sexual assaults. R. T. v. State, 764 S.W.2d 588, 590 (Tex. App.-- Dallas 1989, no writ). The parties agree that the case before this Court is one of the cases that was improperly transferred by the juvenile court. Since the juvenile court did not properly transfer jurisdiction over appellant, the district court did not have jurisdiction over appellant. Ex parte Trahan, 591 S.W.2d 837, 841 (Tex. Crim. App. 1979). We reverse the trial court's judgment and dismiss the indictment.
                
                                                  PER CURIAM
DO NOT PUBLISH
TEX. R. APP. P. 90
 
 
File Date[01-02-89]
File Name[881114]