Cox v. State

WILLIAM A. HERIN, Circuit Judge.

Opinion and judgment: This is an appeal from a county court conviction for driving while under the influence of alcoholic beverages. This court has examined the record on appeal, the briefs, and heard argument of counsel.

The record discloses that immediately prior to trial, defense counsel requested a trial by jury. The trial court denied the request, stating that it was untimely made. In this, the trial court was in error.

In the instant case, the record is silent as to any affirmative waiver of the right by the defendant. Certainly he did not execute a written…