Rios v. Texas (original by judge hervey)
Annotate this CaseAppellant Saul Ranulfo Herrera Rios was convicted of continuous sexual abuse of a child. He appealed, arguing that he did not waive his federal constitutional right to a jury trial and that the state statutory procedures for waiving a jury were not followed. The court of appeals abated the case, and the trial court concluded that Appellant waived his right to a jury. A divided court of appeals affirmed the conviction. Appellant filed a pro se petition for discretionary review, arguing that the court of appeals erred because he did not knowingly and intelligently waive his right to a jury. After review, the Texas Court of Criminal Appeals reversed the judgment of the court of appeals and remanded for a new trial. The Court concluded the trial court record did not expressly show Appellant knowingly and intelligently waived his right to a jury, and that error was structural.
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