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MARTINEZ v. STATE

No. 53763.

555 S.W.2d 462 (1977)

Ernesto MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 14, 1977.

Attorney(s) appearing for the Case

William C. Sherk, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., Thomas C. Roepke, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

Appellant, in a trial before the court, was found guilty of forgery by passing and the court assessed his punishment at five years.

The judgment which consisted of a printed form with blanks filled in by typewriter recited that: "There upon the defendant, in person and in open court, waived in writing the right to a trial by jury, and requested the consent and approval of the court to waive said rights, and whereas such...

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