Garza v. State

Opinion by:

ALMA L. LÓPEZ, Justice.

This appeal is on remand from the Texas Court of Criminal Appeals. Appellant, Joseph Garza, Jr., raised two issues in his brief challenging the absence of a formal written jury waiver and the sufficiency of the evidence to support his conviction. In our original opinion, we only addressed the issue regarding the absence of the written jury waiver, and we held that “the failure to procure a written waiver or a statement in open court by the defendant waiving his right of trial by jury prior to proceeding to a bench trial was error.” Garza v. State, 61 S.W.3d…