Breazeale v. State

In Breazeale v. State, 683 S.W.2d 446, 450 (Tex.Crim.App. 1984), the defendants were convicted of possession of a controlled substance, but the only record that they had waived their right to trial by jury was a form recitation in the judgment, which stated that each defendant "'in person and in writing, in open court, having waived his right of trial by jury . . . .'" Id. at 449. The Court of Criminal Appeals held that "the presumption of regularity created by recitals in the judgment can be overcome only when the record otherwise affirmatively reflects that error occurred." Id. at 450. Having found no affirmative showing that the defendants did not waive their right to a trial by jury, the Court affirmed their convictions. Id. at 449-50.