Pace v. State

WARREN, Justice.

Appellant was convicted by a jury of robbery; his punishment, enhanced by a prior felony conviction, was assessed at confinement for 25 years.

The question is whether appellant made a timely election to have the jury assess punishment.

Tex.Code Crim.Pro.Ann. art. 37.07 § 2(b) provides in part:... it shall then be the responsibility of the judge to assess the punishment applicable to the offense; provided, however, that...(2)in other cases where the defendant so elects in writing at the time he enters his plea in open court, the punishment shall be assessed by the jury, (emphasis…