State v. Bibb

I respectfully dissent.

The principal opinion incorrectly focuses on whether the judge or a jury should have imposed the punishment. Assuming, ar-guendo, that appellant had a right to a jury determination at his punishment stage, appellant clearly waived any such right. The court asked appellant repeatedly whether he wanted a jury to decide the issue of punishment. Appellant, apparently against the advice of counsel and after strong indications by the judge that he might impose the death penalty, voluntarily choose to have the court decide the issue of punishment. Appellant has not preserved…