Johnson v. State

72 S.W.3d 346 (2002)

Toby Wayne JOHNSON, Appellant,

v.

The STATE of Texas.

No. 389-99.

Court of Criminal Appeals of Texas.

April 10, 2002.

Brantley Pringle, Fort Worth, for appellant.

Betty Marshall, Assist. St. Att., Matthew Paul, State's Attorney, Austin, David M. Curl, Assist. DA, Anne E. Swenson, Assist. DA, Fort Worth, for state.

OPINION

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…