Khaled Rasem Qandalji v. The State of Texas--Appeal from County Court at Law No. 7 of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00546-CR
Khaled Rasem Qandalji, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY
NO. 403,601, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

PER CURIAM

 

The county court at law found appellant guilty of assault and assessed punishment at incarceration for one year and a $2000 fine. The court suspended imposition of sentence and placed appellant on community supervision.

In a single pro se point of error, appellant contends the court erred by proceeding to trial without securing appellant's written waiver of trial by jury. State ex rel. Curry v. Carr, 847 S.W.2d 561 (Tex. Crim. App. 1992); Townsend v. State, 865 S.W.2d 469 (Tex. Crim. App. 1993); Tex. Code Crim. Proc. Ann. art. 1.13(a) (West Supp. 1996). The State contends appellant has not adequately briefed this point. After stating the point of error, appellant cites the statute and four opinions, including Curry v. Carr and Townsend, that are directly on point. Given the nature of the error, we believe that appellant's brief contains a discussion of facts and authorities requisite to maintain the point at issue. Tex. R. App. P. 74(f).

The judgment recites that appellant waived trial by jury. It does not state, however, that this waiver was in writing. As another opinion cited by appellant holds, this recital is not sufficient to support a presumption of compliance with article 1.13(a). Chaouachi v. State, 870 S.W.2d 88, 94 (Tex. App.--San Antonio 1993, no pet.). The State concedes that article 1.13(a) was violated. In such a case, reversal is mandatory. Townsend, 865 S.W.2d at 470. The point of error is sustained.

The judgment of conviction is reversed and the cause is remanded to the county court at law for a new trial.

 

Before Justices Powers, Jones and B. A. Smith

Reversed and Remanded

Filed: March 27, 1996

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