Wilson v. State

I concur in the result reached, but I write to explain why I concur.

The conviction, in a bench trial, upon a plea of not guilty, was for the offense of indecency with a child. V.T.C.A., Penal Code, § 22.11. The trial court assessed punishment at 10 years’ imprisonment.

On appeal appellant complained, inter alia, that he was deprived of a trial by jury which he did not waive. See Article 1.13, V.A.C.C.P. The Dallas Court of Appeals reversed on this ground. Wilson v. State, 669 S.W.2d 792 (Tex.App. [5th Dist.] 1984). The Court of Appeals’ reversal was the proper result, but the wrong reasons…