Johnson v. State

FRANK G. MCDONALD, Chief Justice (Retired),

dissenting.

I respectfully dissent to the majority’s opinion and would overrule Appellant’s point of error and affirm the judgment of the trial court.

Appellant cites Marquez v. State, 921 S.W.2d 217 (Tex.Crim.App.1996) which holds:

Because of the fundamental and inviolate nature of the right to trial by jury, Texas law requires waiver of jury trial to be made in person, in writing, in open court. Tex.Code Crim. Proc. art. 1.13.

Marquez was handed down in April 1996. Effective September 1, 1997, Amended Rules of Appellate Procedure were set in place by…