Capistran v. State

OPINION

W.C. DAVIS, Judge.

This is an appeal from a conviction for possession of marijuana. Punishment was assessed by the trial court at five years confinement in the Texas Department of Corrections. The appellant contends that the trial court erred in receiving stipulated evidence without the appellant’s written agreement to stipulate contrary to Art. 1.16, V.A.C.C.P. After a jury trial and a verdict of guilty, the appellant was granted a new trial, from which this appeal is taken. At the second trial the appellant signed a written waiver of jury trial and such waiver was accepted by the…