William Anthony Russo II v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJuly 15, 2026
Docket04-25-00141-CR
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00141-CR
William Anthony RUSSO II,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Wilson County, Texas
Trial Court No. CRW1912241
Honorable Jennifer Dillingham, Judge Presiding
Opinion by: Irene Rios, Justice
Sitting: Irene Rios, Justice
Lori I. Valenzuela, Justice
Velia J. Meza, Justice
Delivered and Filed: July 15, 2026
AFFIRMED
In a single issue, appellant William Anthony Russo II contends the district court that
revoked his community supervision, adjudicated his guilt for the charged offense, and sentenced
him to prison lacked jurisdiction to do so because a different district court, in the same county,
initially accepted his guilty plea, deferred the adjudication of his guilt, and placed him on
community supervision. We affirm.
04-25-00141-CR
BACKGROUND
After being indicted for committing the aggravated sexual assault of a child, Russo pled
guilty to committing the offense. The Honorable Russell Wilson, duly elected to the 218th Judicial
District Court of Wilson County, Texas (the “218th District Court”), presided over Russo’s plea
proceeding, wherein the trial court deferred adjudicating Russo’s guilt and placed him on
community supervision for ten years.
Subsequently, the State filed a motion to revoke Russo’s community supervision. The
Honorable Jennifer M. Dillingham, duly elected to the 81st Judicial District Court of Wilson
County, Texas (the “81st District Court”), presided over Russo’s revocation proceeding. Russo
pled true to violating a term or condition of his community supervision, and the trial court accepted
Russo’s plea of “true.” Following a sentencing hearing, the trial court revoked Russo’s community
supervision, adjudicated Russo guilty of committing the offense of aggravated sexual assault of a
child, and sentenced Russo to serve fifty-six years in prison.
Russo appeals.
APPLICABLE LAW AND ANALYSIS
Russo argues that absent a transfer order, as prescribed by articles 42A.151 and 42A.754
of the Texas Code of Criminal Procedure, because he pled guilty to committing the offense, his
guilt was deferred, and he was placed on deferred adjudication community supervision in the 218th
District Court; he could not later have his community supervision revoked, his guilt adjudicated,
and sentence imposed in the 81st District Court, as that court lacked jurisdiction. See TEX. CODE
CRIM. PROC. ANN. arts. 42A.151 (explaining “the jurisdiction of the case [of a defendant placed
on community supervision,] may be transferred to a court of the same rank in this state” based on
geographical specifications), 42A.754 (“Only the court in which the defendant was tried may
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04-25-00141-CR
revoke the defendant’s community supervision unless the judge has transferred jurisdiction of the
case to another court under [a]rticle 42A.151”). Russo’s case, however, was not transferred to
another district court, and thus these articles do not apply to this case.
The 81st District Court and the 218th District Court’s judicial district consists of Atascosa,
Frio, Karnes, LaSalle, and Wilson counties. See TEX. GOV’T CODE ANN. §§ 24.183(a), 24.396(a).
Both courts have concurrent jurisdiction of felonies pending in their respective courts. See TEX.
CODE CRIM. PRO. ANN. art. 4.05 (explaining that district courts have original jurisdiction of felony
criminal cases); see also TEX. GOV’T CODE ANN. § 24.396(b) (“Indictments within each county[,
in this case Wilson County,] may be returned to any district court[—the 81st District Court and
the 218th District Court—]within that county.”).
District judges in Texas are generally given broad authority to conduct proceedings of other
district courts in the same county. See TEX. CONST. art. V, § 11 (“District Judges may exchange
districts, or hold courts for each other when they may deem it expedient, and shall do so when
required by law.”); TEX. GOV’T CODE ANN. § 24.003; see also In re Schmitz, 285 S.W.3d 451, 454
(Tex. 2009) (explaining that “Texas law allows judges to sit for one another whenever they
choose”). Specifically, section 24.003 of the Texas Government Code provides:
(a) This section applies only to counties with two or more district courts.
(b) Unless provided otherwise by the local rules of administration, a district
judge in the county may:
....
(2) hear and determine any case or proceeding pending in another
district court in the county without having the case transferred;
(3) sit for another district court in the county and hear and determine
any case or proceeding pending in that court;
(4) temporarily exchange benches with the judge of another district
court in the county; [and]
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....
(6) occupy the judge’s own courtroom or the courtroom of another
district court in the county.
....
(d) A district judge in the county may hear and determine any part or
question of any case or proceeding pending in any of the district courts, and any
other district judge may complete the hearing and render judgment in the case or
proceeding.
TEX. GOV’T CODE ANN. § 24.003(a), (b), (d).
Under these circumstances, nothing in the Texas Government Code or the Texas
Constitution requires a written order or explanation for an exchange of benches by district judges
in the same county. See TEX. CONST. art V, § 11; TEX. GOV’T CODE ANN. § 24.003; see also Mata
v. State, 669 S.W.2d 119, 121 (Tex. Crim. App. 1984) (stating it is not necessary for the court file
to reflect the reason for the exchange of benches by district judges, and “a formal order need not
be entered”). We conclude the trial court properly exercised jurisdiction over Russo’s case.
Accordingly, we overrule Russo’s appellate issue.
CONCLUSION
Having overruled Russo’s sole issue on appeal, we affirm the trial court’s final judgment
adjudicating guilt.
Irene Rios, Justice
DO NOT PUBLISH
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