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LAWRENCE v. STATE

No. 68316.

626 S.W.2d 56 (1981)

Melvin Earl LAWRENCE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel 3.

Rehearing Denied January 20, 1982.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for appellant.

Henry Wade, Dist. Atty., William D. Sheetz and John L. Hubble, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and DALLY, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for robbery. Trial was before the court upon a plea of nolo contendere and punishment was assessed at five years.

Initially, appellant contends that it was error for the court to proceed to trial without first securing a waiver to a jury trial in compliance with Art. 1.13, V.A.C.C.P., which reads as follows:

"The defendant in a criminal prosecution for any offense classified...

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