Moncivaiz v. State

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

CLINTON, Judge.

This is a conviction for burglary of a habitation in proceedings under Article 42.-12, § 3d, V.A.C.C.P.

On direct appeal appellant contended the trial court accepted his guilty plea in violation of Article 1.13, V.A.C.C.P., in that the attorney representing the State failed to reduce to writing and sign its consent and approval of appellant’s waiving his right to trial by jury. A divided appellate court agreed and reversed the judgment of conviction. Moncivaiz v. State, 752 S.W.2d 722…