Blackwell v. State

MALONEY, Justice.

This is an appeal from a conviction for the offense of aggravated assault. Trial was before the court upon a plea of nolo contendere and punishment was assessed at seven years confinement in the Texas Department of Corrections.

Appellant argues that the record does not contain (1) an effective jury waiver signed by the appellant or (2) a written consent and approval of appellant’s jury waiver signed by the State’s attorney, both of which are required by Tex.Code Crim. Pro.Ann. art. 1.13 (Vernon 1977). Although we find that the record does contain an effective jury waiver by…