Ex Parte Allen

I respectfully dissent. I agree that the evidence is sufficient; however, I would sustain appellant’s fourth and fifth grounds of error and reverse and remand. Before addressing the reasons why I would reverse and remand, I must express my disagreement with certain of the majority’s holdings pertaining to the magistrate practice.

The majority’s first erroneous holding

I cannot agree with the majority’s holding that “we see no reason why [appellant] may not waive a hearing before the district judge and consent to determination of the *890matter by a magistrate.” The waiver reads:

NOW COMES, William…