Thomas Ray Breazeale and Wallace Neil Higgs, Jr., Appellants v. the State of Texas, Appellee

Summary

The Court affirmed the trial convictions, holding that a written waiver signed by the defendant is required under Art. 1.13, V.A.C.C.P., and that a judgment's recital of waiver is insufficient without such a waiver; the State's petition for discretionary review was granted. Justice Clinton, concurring, and Judge Davis, concurring, each offered separate reasoning but did not alter the result.