Texas Court of Appeals, 2nd District (Fort Worth) October 23, 2003, 02-01-00038-CR (Roderick Nash v. State)

TERRIE LIVINGSTON, Justice,

concurring.

While I agree with the disposition of the case by the majority, I write separately because I believe section 54.656 of the Texas Government Code does not prohibit a magistrate from conducting jury selection. Tex. Gov’t Code Ann. § 54.656(c) (Vernon 1998) (“A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.