Daniel P. Samudio v. State Texas

Trial was before the court upon appellants plea of not guilty to assault, a Class A misdemeanor. V.T.C.A. Penal Code, Sec. 22.01(a)(1). After finding appellant guilty, the court assessed punishment at one year, later reduced to six months. The conviction was reversed by the Court of Appeals for the First Supreme Judicial District. We granted the States petition for discretionary review in order to examine the Court of Appeals holding that appellant did not waive his right to trial by jury despite his counseled acquiescence to a non-jury proceeding.