Opinion
No. 08-12-00050-CR
2013-09-12
MARGARET CAROLYN SNIDER, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from
County Court at Law No. 1
of Parker County, Texas
(TC # CCL1-09-0687)
ORDER
Margaret Snider is appealing her conviction of driving while intoxicated. She raises in her brief an issue regarding the absence of a written waiver of the right to a jury trial. Appellant entered a plea of not guilty and was tried by the court without a jury. The appellate record does not contain a statutory written jury waiver. See TEX.CODE CRIM. PROC. ANN. art. 1.13 (West 2005). We therefore abate the appeal and remand the cause to the trial court for a hearing to determine whether Appellant waived her right to a jury trial and consented to a bench trial. The hearing should be conducted within thirty days from the date of this order. The trial court is directed to make written findings of fact and conclusions of law and file same with the trial court clerk. The clerk shall prepare and file with this Court a supplemental clerk's record containing the written findings. The supplemental clerk's record should be filed with this Court no later than fifteen days after the findings are filed with the trial court clerk. The court reporter is also directed to prepare a transcription of the hearing and file the reporter's record within fifteen days after the conclusion of the hearing.
IT IS SO ORDERED THIS 11TH DAY OF SEPTEMBER, 2012.
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.