Arismendez v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for assault in which punishment was assessed at six months in jail and a $1,000 fine.

In his third ground of error appellant contends the trial court committed error by failing to submit the issue of guilt or innocence to the jury. This case presents a highly unusual set of circumstances. The judgment recites, and the docket sheet reflects, that appellant waived his right to trial by jury and entered a plea of nolo contendere to the court. The court after hearing evidence then found appellant guilty. Thereafter he was allowed to elect to…