Moncivaiz v. State

I respectfully dissent, because the State’s failure to consent in writing to the appellant’s waiver of a jury trial as provided by Tex.Code Crim.Proc.Ann. art. 1.13 (Vernon 1977) cannot be said to be an omission sufficient to violate the appellant’s rights, nor can it be said that the omission, “beyond a reasonable doubt, ” made a contribution to appellant’s conviction or his punishment. Tex.R.App.P. 81(b)(2) (eff. Sept. 1, 1986).

My dissent is based upon several reasons and the following authorities. In Watson v. State, 730 S.W.2d 150 (Tex.App.—Amarillo 1987, pet. ref’d), defendant was…