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Murphy v. State

The presumption of the regularity of trial court judgments and proceedings applies to appellate challenges of visiting trial court judges for alleged failures to take their constitutionally required oaths; an appellant who makes such a challenge must make a prima facie showing that the trial judge did not take the required oaths before the appellate court will consider the issue on the merits.

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OPINION ON REHEARING

We overrule appellant’s motion for rehearing but withdraw our previous opinion and substitute this one in its stead.

The trial court found appellant, Danny Royce Murphy, guilty of resisting arrest, search, or transportation. See Tex. Penal Code Ann. � 38.03 (Vernon 1994). The trial court assessed punishment at 30 days in jail and a $1,000 fine. In this pro se appeal, we are asked whether (1) the visiting trial judge took the constitutionally required oaths, (2) appellant received adequate notice of the charge against him, (3) the secretary of state duly authenticated the applicable statute, and (4) the evidence was legally sufficient to support appellant’s conviction. We affirm.

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