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In re S.G.

Texas Family Code �54.03(c) states: "Trial shall be by jury unless jury is waived in accordance with �51.09." The trial court record does not affirmatively establish that appellant and his attorney waived appellant's right to trial by jury. Remanded. Waco Court of Appeals, No. 10-09-00035-CV, 10-14-2009

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OPINION

S.G., a juvenile, was found to have engaged in delinquent conduct by committing the offense of Indecency with a Child by Contact by the trial court in a non-jury trial. TEX. FAM. CODE ANN. § 54.03 (Vernon 2006); TEX. PEN. CODE ANN. § 21.11 (Vernon 2003). S.G. complains that the evidence is factually insufficient to find that he engaged in delinquent conduct, that the trial court’s questioning of his expert witness was erroneous, and that the record contains no waiver of a jury trial. Because we find the record contains no affirmative waiver of a jury trial in accordance with the Texas Family Code, we reverse and remand for a new trial.

Waiver of Jury Trial

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