Fichtner v. State

In Fichtner v. State, No. 05-99-01053-CR, 2001 WL 328178 (Tex. App.--Dallas April 5, 2001, pet. refused), appellant complained that the record failed to reflect any order appointing the visiting judge to the district court. The Court noted that appellant had failed to show that the visiting judge was not generally assigned to another district court in Dallas County. Id. The Court concluded that absent any evidence to the contrary, we presume the visiting judge was properly assigned to a district court in Dallas County. Id. The Court further concluded that because appellant failed to object to the visiting judge's authority at trial, he could not assert the objection for the first time on appeal. Id.