State v. Garcia

OPINION

GREEN, Justice.

The State appeals from an order quashing a portion of the indictment. The issue presented to the trial court was whether, in a previous conviction, the defendant had waived his right to a jury trial in accordance with Article 1.13. The trial court found that he had not. The issue now presented to this Court is whether the trial court abused its discretion by granting the motion to quash. See Jones v. State, 672 S.W.2d 798, 800 (Tex.Crim.App.1984) (applying abuse of discretion standard). We find that the trial court did abuse its discretion and thus we reverse.

Miguel…