Josey v. State

OPINION

SEARS, Justice.

Appellant was convicted by the Court of driving while intoxicated. Punishment was assessed at one hundred and eighty days in the Harris County jail, probated for two years, and a two hundred and fifty dollar fine. Appellant maintains that the trial court’s violation of the jury waiver requirements of Article 1.13 mandates a reversal. We agree, and reverse the trial court’s judgment.

Tex.Code CRim.PROC.Ann. art. 1.13(a) (Vernon Supp.1993) provides that:

the defendant in a criminal prosecution for any offense other than a capital felony case in which the State notifies the…