Court of Criminal Appeals of Texas

Daniel Samudio, Appellant v. the State of Texas, Appellee

February 9, 19831983 Tex. Crim. App. LEXIS 928

Summary

The Court affirmed the Court of Appeals, holding that the State failed to prove a knowing, intelligent, and express waiver of the appellant's right to a jury trial in a Class A misdemeanor, and therefore the conviction stands without a waiver. The decision rests on federal constitutional requirements that such waivers cannot be inferred from a silent record.