(DOWNLOAD) "Vicente Cesar Vega v. State Texas" by The Texas Court of Criminal Appeals NO. 1154-83 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Vicente Cesar Vega v. State Texas
- Author : The Texas Court of Criminal Appeals NO. 1154-83
- Release Date : January 16, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
DAVIS, Judge Opinion ON STATE'S MOTION FOR REHEARING Appellant was convicted for possession of a controlled substance, specifically, heroin. See Article 4476-15, Section 4.04, V.T.C.S. See also Article 4476-15, Section 4.02(b)(2)(K), V.T.C.S. Trial was before the court, which assessed punishment at ten years. The conviction was affirmed by the First Court of Appeals. See Vega v. State, 652 S.W.2d 667 (Tex.App. - Houston [1st Dist] 1983). On appellant's petition for discretionary review, this Court reversed the Court of Appeals' judgment, holding that the trial court committed fundamental error in conducting a trial before the court in the absence of a valid written waiver of appellant's right to trial by jury, as required by Article 1.13, V.A.C.C.P. The State filed a motion for rehearing requesting us to review this holding. The judgment states that the Defendant in person and in writing, in open court, having waived his right of trial by jury, had the indictment read to him, and in open court pleaded not guilty. Appellant has made no affirmative showing that no waiver of jury trial was executed. Nor was there a bill of exception or objection to the record as required by Article 40.09(1), (7), V.A.C.C.P.. Absent an affirmative showing to the contrary, the presumption of the regularity of the judgment controls. Breazeale v. State, 683 S.W.2d 446 (Tex.Cr.App. 1984); Lopez v. State, S.W.2d (No. 509-83, delivered April 16, 1986, (opinion on State's second motion for rehearing)).