In Ex Parte Lyles, 891 S.W.2d 960, 961 (Tex. Crim. App. 1995), the Court of Criminal Appeals found that the presumption of regularity in the judgment's recital concerning jury waiver had been overcome. 891 S.W.2d at 961. In Lyles, the applicant for writ of habeas corpus asserted that he was denied the right to a jury trial. Id. The applicant submitted an affidavit averring that neither the trial court nor counsel asked the applicant if he wanted to waive a jury trial. Id. The applicant's trial counsel also submitted an affidavit averring that counsel told applicant they would try the case to the judge and that the applicant voiced no objection. Id. Further, the trial court made findings of fact, including that there was no written waiver in the record, there was no oral waiver in the statement of facts, and the trial court did not expressly ask the applicant if he waived his right to a jury trial. Id. Under these facts, the court concluded that the applicant did not expressly waive, in any form to the trial court, his right to a jury trial. Id. at 962.