Lawrence v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for robbery. Trial was before the court upon a plea of nolo contendere and punishment was assessed at five years.

Initially, appellant contends that it was error for the court to proceed to trial without first securing a waiver to a jury trial in compliance with Art. 1.13, V.A.C.C.P., which reads as follows:

“The defendant in a criminal prosecution for any offense classified as a felony less than capital shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that such waiver must be made…