Battle v. State

OPINION

Chief Justice CORNELIUS.

Hunter Battle was convicted in a trial to the court for driving while intoxicated, third offense. On appeal, Battle contends that the trial court improperly denied his motion to quash the indictment. Battle’s motion was based on the State’s failure to prove that, in his prior convictions, he waived a jury trial.

Tex.Code Crim. Proc. Ann. art. 1.13(a) (Vernon Supp.1999) provides that a defendant may waive his right to a jury trial only if he does so in person, in writing, and in open court. Tex. Pen.Code Ann. § 49.09(b) (Vernon Supp.1999) enhances driving while…