Herrod v. State

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

We granted the State’s motion for leave to file a motion for rehearing to reconsider the question whether a retired district judge could preside over a criminal trial in County Criminal Court No. 3 of Dallas County. The original panel opinion reversed the conviction for the failure of the record to show by what authority the retired district judge presided since the duly and regularly elected judge of the trial court did not preside. The panel opinion noted the record did not show whether the retired district judge was a special…