Shaffer v. State

OPINION ON STATE’S MOTION FOR REHEARING ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

After waiving trial by jury, appellant had a bench trial, was found guilty of robbery, and his punishment was assessed at thirty years’ imprisonment.

On direct appeal appellant alleged reversible error in the State’s failure to sign appellant’s jury waiver form as required by Article 1.13, V.A.C.C.P. The Twelfth Court of Appeals reluctantly reversed appellant’s conviction holding that, under this Court’s opinion of Hoobler v. State, 730 S.W.2d 755 (Tex.Cr.App.1987), a violation of Article 1.13…