Johnson v. State

OPINION

in which KELLER, P.J., and WOMACK, HERVEY, and COCHRAN, J.J., joined.

This issue in this case is whether the failure to obtain a written jury waiver is harmful. We conclude that the lack of a written jury waiver is not harmful when the record reflects that the defendant waived his right to a jury trial.

Toby Wayne Johnson kicked his neighbor’s kitten to death, apparently because “the cat shouldn’t have been on his patio.” He was charged with cruelty to an animal, pleaded not guilty, and was tried before the court. At the conclusion of the trial, the judge found Johnson guilty and…