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Garza v. State

Conviction for aggravated robbery and felony escape reversed because the State committed reversible error by failing to obtain a formal written jury waiver of the defendant's right of trial by jury prior to proceeding to a bench trial.

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REVERSED AND REMANDED

We withdraw our opinion and judgment of June 27, 2001 and substitute this opinion and judgment in their place. The opinion is revised to clarify our original opinion in light of Cain v. State, 947 S.W.2d 262 (Tex. Crim. App. 1997) and Meek v. State, 851 S.W.2d 868 (Tex. Crim. App. 1993).

Joseph Garza, Jr. appeals from a conviction of aggravated robbery and felony escape. We find that the failure to obtain a jury waiver prior to trial before the court constitutes reversible error. Therefore, we reverse and remand the cause to the trial court for further proceedings.

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