TDCAA Community
Revocation of felony pled down to misdemeanor

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May 28, 2008, 14:18
JSH
Revocation of felony pled down to misdemeanor
Defendant was originally charged with a felony offense. He pleaded guilty to a lesser included misdemeanor in the district court. We are about to file a motion to revoke. Can the DA file an MTR in the county court? Or should we file the MTR in the district court? We are actually hoping to avoid the district court and take it down to county court.
May 28, 2008, 14:33
GG
You should file the Motion in the court in which it pled.
May 28, 2008, 14:47
JSH
CCP 42.12 Sec. 10. (a) Only the court in which the defendant was tried may grant community supervision, impose conditions, revoke the community supervision, or discharge the defendant, unless the judge has transferred jurisdiction of the case to another court with the latter's consent.

I guess we could file the revocation in the county court IF the district court transfers the case to the county court.