After a bench trial, the trial court convicted appellant Joseph Paul Ceasar of deadly conduct as a repeat felony offender and assessed punishment at eighteen years of confinement. Ceasar then filed this appeal. After the filing of the clerk's record and the reporter's record, the parties filed a "Joint Motion to Remand to the Trial Court for a New Trial," in which the State conceded that the trial court did not admonish Ceasar regarding his purported waiver of a jury trial, and a written waiver of jury trial does not appear in the record. This Court requested that the parties brief the issue of harm. See Johnson v. State, 72 S.W.3d 346, 348 (Tex. Crim. App. 2002). The parties subsequently filed a "First Amended Joint Motion to Remand to the Trial Court for a New Trial," in which the State further conceded that the trial court's constitutional error affected a substantial right of the defendant. See Tex. R. App. P. 44.2.

The State has conceded both error and harm. Therefore, we reverse the trial court's judgment and remand this cause for further proceedings.

REVERSED AND REMANDED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered June 20, 2007

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.