Ex Parte Long

OPINION

WHITE, Judge.

This is an application for a writ of habeas corpus transmitted to this Court pursuant to Article 11.07, § 2, et seq., V.A.C.C.P. Applicant was convicted of the offense of felony driving while intoxicated and bond jumping, upon informations. The trial court sentenced applicant to confinement for five and ten years, respectively, to run concurrently. No appeals were taken.

Applicant contends, inter alia, that he never waived indictment and therefore the conviction is invalid. Tex. Const., Art. V, § 12; Article 1.141, V.A.C.C.P.; Ex parte Smith) 650 S.W.2d 68, 69 (Tex.Cr.App.1981). Following remand from this Court, the trial court found that although applicant agreed to a plea bargain of which a waiver of indictment was an integral part, the record shows no indication of such a waiver being entered either in open court or in writing. The terms of the plea bargain required applicant to waive indictment and to plead guilty or nolo contendere to the two offenses in exchange for the prosecution’s recommendation that the sentences assessed run concurrently.

We filed and set the application to determiné two issues: (1) does a conviction obtained through an information require the waiver of indictment to appear on the record so that the jurisdiction of the trial court can vest; and, (2) does the right to indictment require an express waiver on the record, such that its absence constitutes error subject to collateral attack absent objection at trial or a showing of harm. The answer to both issues is no.

“The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.” Tex. Const., Art. V, § 12. After jurisdiction vests, a defendant has a duty to object to any defects of form or substance or such is waived. Studer v. State, 799 S.W.2d 263, 273 (Tex.Cr.App.1990). Article 1.14(b), Y.AC.C.P. In King v. State, 473 S.W.2d 43 (Tex.Cr.App.1971), we upheld the waiver of indictment holding it was a personal right and not jurisdictional. The return of an indictment is not required to confer jurisdiction on the trial court in that waiver of the right to an indictment is permissible. King, 473 S.W.2d at 52.

The remaining question is whether the absence of a waiver of indictment is of statutory or constitutional dimension. The right to a grand jury indictment is guaranteed by both the United States and Texas Constitutions. U.S. Const., amend. V; Tex. Const., Art. I, § 10. However, the legislature has provided procedures by which that right may be waived. Art. 1.141, V.A.C.C.P. Further, a waiver of an indictment is not of constitutional dimension.' King, 473 S.W.2d at 51. The waiver itself is governed by the statute. Article 1.141, V.A.C.C.P. A failure of a trial court to adhere to statutory procedures serving to protect a constitutional provision is a violation of the statute, not a violation of the constitutional provision itself. Ex parte Sadberry, 864 S.W.2d 541 (Tex.Cr.App.1993). In that case we wrote, “While we do not sanction noncomplianee with procedural rules designed to safeguard constitutional rights, the writ was not intended to provide for relief for such noncompliance where the record is otherwise clear on the rights to which the procedural formalities pertain.” Id. at 543. When an applicant did not claim he desired and was deprived of the constitutional right, that he did not intend to waive that right or that he was otherwise harmed, relief would not be granted where the record was clear that applicant agreed to waive the constitutional right involved but the waiver did not follow statutorily mandated procedures. Ibid. The same principles apply in the case at bar. Applicant herein does not claim that he desired and was denied the right to be charged by indictment. Nor does he claim that he did not intend to *487waive indictment — indeed the terms of the plea bargain would belie such a claim. He states only that he did not follow the statutory procedures. He claims no harm.

Applicant requests post conviction relief through a writ of habeas corpus. The writ of habeas corpus provides limited review of claimed jurisdictional defects or claims of denials of fundamental or constitutional rights. Ex parte Watson, 601 S.W.2d 350, 352 (Tex.Cr.App.1980). As stated, the trial court’s jurisdiction vested upon presentment of an information to the court. Therefore, applicant has the burden of showing a denial of his right to indictment. Studer, 799 S.W.2d at 267. Since a failure to adhere to statutory procedures designed to safeguard constitutionally protected rights is a statutory violation, Sadberry, 864 S.W.2d at 543, applicant’s burden of proof requires a showing of harm as well as an irregularity in the trial proceedings. Ex parte Tovar,- 901 S.W.2d 484 (Tex.Cr.App.1995). Applicant has failed to carry his burden of proof in this ease. Accordingly, all relief requested is denied.