Khan v. State

OPINION

DUGGAN, Justice.

Appellant was charged by information with assault. He pled not guilty; the trial judge found him guilty and assessed his punishment at one year in jail, probated for two years. Appellant gave timely, written notice of appeal.

In two points of error, appellant contends that the court eired in proceeding to a nonju-ry trial without securing a written waiver of trial by jury from appellant as required by article 1.13 of the Texas Code of Criminal Procedure (Vernon Supp.1994). The State agrees with appellant, and requests that appellant’s points of error be sustained.

Although…