Lopez v. State

OPINION ON STATE’S SECOND MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

On original submission, this Court reversed the judgment of the Houston Court of Appeals (1st District), Lopez v. State, 652 S.W.2d 512 (Tex.App.-Houston [1st Dist.] 1983), after finding fundamental error in that the record contained no valid jury waiver as required by Article 1.13, V.A.C.C.P. Relying on the reasoning of Breazeale v. State, 683 S.W.2d 446 (Tex.Cr.App.1984), this Court denied the State’s initial motion for rehearing. However, when we granted the motion for rehearing in Breazeale…