Kelley v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

We granted the State’s petition for discretionary review in order to consider whether the Dallas Court of Appeals was correct in holding Art. 1918c, V.A.C.S. (Supp.1983),1 entitled “Magistrates in district courts in Dallas County,” was unconstitutionally applied under the facts of the instant case. Kelley v. State, 669 S.W.2d 329 (Tex.App.—Dallas, 1983).

Because the record does not include a transcription of any court reporter’s notes, we must rely solely on the documents included in the transcript for information regarding the…