Must a juvenile make a written waiver, pursuant to FC51.09, of their right to have the jury decide disposition in a determinate sentence case? 54.04(a) doesn't seem to be too clear on this issue. In Dawson's book, he seems to clearly state that if no formal waiver is executed then the jury should decide disposition. He equates it to adjudication hearings under 54.03(c). However, 54.03(c) clearly states that, "Trial shall be by jury unless jury is waived in accordance with section 51.09." There is no such provision in 54.04 for disposition.
I'm obviously working on an appeal in which no formal waiver was executed and the juvenile went to the judge for punishment. The record only states, "Your Honor, we would like to go to the court for disposition." Any thoughts?
51.09 says that the atty and child can waive anything (well almost) in writing or in OPEN COURT so if there is no contrary intent in 54.04 (and I don't see it) a waiver in court should be sufficient although from your post you may only have actual "waiver" by the atty.
|Powered by Social Strata
© TDCAA, 2001. All Rights Reserved.