Cause No. __________
THE STATE OF TEXAS
IN THE JSTICE COURT
LIVE OAK COUNTY, TEXAS
NOTICE OF LACK OF JURISDICTION DUE TO FAILURE OF MAGISTRATE TO COMPLETE DUTIES
Notice is hereby given of failure of the magistrate for this case to complete duties imposed upon him by the Texas Code of Criminal Procedure.
- (Name) signed a promise to appear before a magistrate as provided by Texas Transportation Code Section 543.006.
- For all purposes here, (Name) and (Name all Caps) are the same.
- Texas Code of Criminal Procedure Chapter 45 fails to provide for an appearance before a magistrate.
- (Name) appears with the expectation of having an examining hearing by the magistrate according to the provisions of Chapter 15 of the Texas Code of Criminal Procedure. In particular he expects and is due to receive the warnings of Article 15.17 and an order stating when and where to go to court for arraignment.
- Observation of other courts’ proceedings and directions provided in the first paragraph of the Courtesy Letter from the County of Live Oak indicate that proceedings in this court are being conducted according to the procedure of Chapter 17A, being the procedure for corporations and associations.
- Examination of the records held in the file for this case fail to show a written order signed by the magistrate ordering the accused to appear for arraignment as required by Article 15.17, but the Courtesy Letter calls for a plea in a manner consistent with Article 17A.07 even though no jury has been empanelled or waiver of trial by jury made as provided by Article 45.023.
- Examination of the records held in the file for this case fail to show that the papers for this case were transferred by the magistrate to the proper clerk as required by Articles 17.30 and 17.31, but which is not required by the procedure provided by Chapter 17A for corporations and corporations.
- A summary of procedure for a defendant who is not a corporation or association relevant to this case was provided to the Court by the filed Notice of Process from Citation to Arraignment.
- Proceedings in this case have thus far been conducted under a presumption, known by the prosecutor to be false, that the defendant is a corporation or association.
- (Name) has filed his affidavit denying that the defendant is a corporation or association.
- Process due to a defendant that is not a corporation or association has not been followed in this case.
- Jurisdiction of a court depends upon it maintaining due process. Tex. Const. Art. 1, Sec. 19; U. S. Const. Amend. V and Amend. XIV.
- The attorney representing the State may dismiss a criminal action. CCP Art. 32.02.
(Name and address
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Lack of Jurisdiction Due to Failure of Magistrate to Complete Duties has been delivered by certified mail to the office of the District Attorney of the County of Live Oak at Live Oak County Courthouse, Room 205, George West, Texas 78022-0440 on December _______, 2013.