Thomas v. State

The district court found appellant guilty of burglary of a habitation and assessed punishment, enhanced pursuant to Tex. Pen.Code Ann. § 12.42(d) (Supp.1988), at imprisonment for twenty-five years. Tex. Pen.Code Ann. § 30.02 (1974). In her only point of error, appellant contends that her conviction must be reversed because trial by jury in this cause was not waived in accordance with Tex.Code Cr.P.Ánn. art. 1.13 (1977).

Article 1.13 reads as follows:

The defendant in a criminal prosecution for any offense classified as a felony less than capital shall have the right, upon entering a plea, to…