665 S.W.3d 467
Tex. Crim. App.2022Background
- Appellant Saul Ranulfo Herrera Rios was tried and convicted in a bench trial and sentenced to 35 years’ imprisonment for sexual abuse allegations involving his daughter.
- No written jury-waiver form was executed, contrary to Tex. Code Crim. Proc. art. 1.13.
- The court of appeals concluded the Article 1.13 defect was harmless because the record otherwise showed Rios knowingly waived a jury.
- Record evidence supporting waiver: judgment recitation that Rios waived a jury; three pass slips signed by Rios checked "Trial Before the Court"; no defense objection to the absence of a jury during proceedings; Rios testified at guilt and punishment and waived his right not to testify after admonishment.
- At an abatement hearing, defense counsel testified he had advised Rios of the right to a jury and that counsel and client had chosen a bench trial; Rios testified he thought he was at a hearing and wanted a jury.
- The trial court made credibility findings against Rios, concluded he waived his jury right, and found his testimony that he was unaware he was being tried not credible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to execute a written Article 1.13 jury waiver is harmless | Rios: record does not show a valid waiver; he was deprived of constitutional jury right | State: overall record (judgment, pass slips, conduct, counsel testimony) shows knowing waiver; statutory error harmless | Harmless — record supports that Rios knowingly waived jury; no constitutional violation found |
| Whether the record demonstrates Rios knew a bench trial was occurring | Rios: he believed it was a hearing and wanted a jury; pass slips blank when he signed | State: Rios pled, waived Fifth, testified about the case and acknowledged the judge’s finding; counsel and pass slips show knowledge | Court credited trial-court findings that Rios knew and consented to bench trial |
| Whether the abatement-hearing testimony alters the analysis | Rios: testimony there supports lack of waiver | State: counsel’s testimony supports waiver; even without abatement record, trial record suffices | Abatement testimony only reinforces trial-court conclusion; credibility findings resolved disputes against Rios |
| Whether trial-court credibility findings deserve deference | Rios: argues his testimony was credible | State: points to multiple record indicators undermining Rios’s account | Findings deferred to — supported by record and prior precedent on fact-findings deference |
Key Cases Cited
- Johnson v. State, 72 S.W.3d 346 (Tex. Crim. App. 2002) (judgment recitation alone can establish a defendant’s knowing jury-waiver and render Article 1.13 error harmless)
- State v. Guerrero, 400 S.W.3d 576 (Tex. Crim. App. 2013) (deference to trial-court fact and credibility findings)
- Alford v. State, 358 S.W.3d 647 (Tex. Crim. App. 2012) (principles supporting deference to trial-court credibility determinations)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (standards governing appellate review of factual findings)
- Rios v. State, 626 S.W.3d 408 (Tex. App.—Dallas 2021) (appellate decision finding waiver harmless and analyzing abatement-hearing evidence)