Peter Goldman Levy v. State
14-16-00847-CR
| Tex. App. | Aug 8, 2017Background
- On May 6, 2015, Peter Goldman Levy shot Reginald Mathews; police recovered the gun after Levy admitted the shooting and identified where the weapon was located.
- Levy was indicted for aggravated assault with a deadly weapon and for being a felon in possession of a firearm; he pleaded not guilty to offenses and true to prior‑felony enhancements.
- Levy was tried to the court (bench trial); the trial court found him guilty and sentenced him to concurrent 25‑year terms.
- The records lack a written jury‑waiver form as required by Tex. Code Crim. Proc. art. 1.13(a), but each judgment expressly recites that Levy waived his right to a jury trial.
- The record contains multiple case reset forms signed by Levy indicating the setting was a court (bench) trial.
- Levy appealed, arguing the absence of a written waiver was reversible error that harmed his substantial rights.
Issues
| Issue | Plaintiff's Argument (Levy) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether absence of a written, in‑court jury waiver under art. 1.13(a) requires reversal | The record contains no written or oral waiver colloquy; statutory requirement was violated and affected substantial rights | The judgments expressly recite Levy waived jury trial and signed reset forms show he knowingly proceeded to a bench trial; Johnson controls | Court affirmed: statutory error but no harm under Tex. R. App. P. 44.2(b); recitations and records show waiver and bind absent direct proof of falsity |
Key Cases Cited
- Johnson v. State, 72 S.W.3d 346 (Tex. Crim. App. 2002) (lack of written waiver under art. 1.13 is statutory error but harmless when record reflects actual waiver)
- Breazeale v. State, 683 S.W.2d 446 (Tex. Crim. App. 1984) (judgment recitation of waiver is binding absent direct proof of falsity)
- Jackson v. State, 76 S.W.3d 798 (Tex. App.—Corpus Christi 2002) (multiple continuances and bench‑trial settings support conclusion defendant requested bench trial)
- Williams v. State, 848 S.W.2d 777 (Tex. App.—Houston [14th Dist.] 1993) (intermediate appellate courts bound by higher‑court precedents)