Birdwell v. State

JOHN HILL, Justice (Assigned),

dissenting.

I respectfully dissent because the trial court lacked jurisdiction to consider Bird-well’s plea, since our record affirmatively reflects that the information upon which the prosecution was based was not filed until after Birdwell entered his plea.

Presentment of an indictment or information to a court invests the court with jurisdiction of the cause. See Tex. Const. art. V, § 12. An information is considered presented when it has been filed by the proper officer in the proper court. See Tex.Code Crim. Proc. Ann. art. 12.07. (Vernon 1977). In this case…