Court of Criminal Appeals of Texas

Toby Wayne Johnson, Appellant v. the State of Texas

April 10, 20022002 Tex. Crim. App. LEXIS 77

Summary

The Court held that the absence of a written jury waiver did not constitute harmful error when the trial record indicates the defendant waived his right to a jury trial, and therefore reversed the Court of Appeals and affirmed the trial court's judgment. Two dissenting opinions argued that the statutory waiver requirements demand substantial compliance and that the error was harmful, urging affirmation of the Court of Appeals.