State Ex Rel. Curry v. Carr

OPINION

This is an original action brought by the Honorable Tim Curry, Criminal District Attorney of Tarrant County, seeking a writ of mandamus directing the Honorable Brent A. Carr, Judge of County Criminal Court No. 9 of Tarrant County, to empanel a jury and prohibiting until then the entry of a judgment in Cause No. 458869 styled the State of Texas v. Dara Stephenson.1

The record reflects that on September 11, 1992, Stephenson, expressed her desire to waive trial by jury. The State refused to consent to the jury waiver and relied on Art. 1.13(a), V.A.C.C.P., which provides in part:(a) The…