Roxie Ann Mayes v. State ( 2002 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Roxie Ann Mayes

Appellant

Vs.                   No.  11-01-00301-CR C Appeal from Taylor County

State of Texas

Appellee

Upon her plea of no contest, the trial court convicted appellant of possession of cocaine and assessed her punishment at three years confinement.  We affirm. 

In her sole issue on appeal, appellant contends that the trial court failed Ato enter of record on the minutes of the court its approval of Appellant=s waiver of a jury trial.@  TEX. CODE CRIM. PRO. ANN. art. 1.13 (Vernon Supp. 2002) provides that a defendant has the right, upon entering a plea, to waive the right to trial by jury.  Article 1.13 states that the waiver must be:

[M]ade in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the State.  The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the State shall be in writing, signed by him, and filed in the papers of the cause before the defendant enters his plea. 

The record shows that appellant waived her right to trial by jury in open court and in writing. The attorney for the State and the trial court signed an approval of appellant=s waiver of her rights which is included in the record. The record shows that appellant freely and voluntarily waived her right to trial by jury and that her waiver was approved by the trial court and by the attorney for the State.  Any error in failing to include in the record on the minutes of the court the approval of the jury waiver did not affect appellant=s substantial rights.  TEX.R.APP.P. 44.2(b); see Whitmire v. State, 33 S.W.3d 330 (Tex.App. ‑ Eastland 2000, no pet=n).  Appellant=s sole issue on appeal is overruled.

The judgment of the trial court is affirmed.

JIM R. WRIGHT

JUSTICE

April 11, 2002

Do not publish.  See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.