State v. Schmick

*229GILLETTE, P. J.

Defendant was convicted by a jury of sodomy in the first degree and rape in the first degree, both class A felonies. He represented himself at trial. He now seeks a new trial on the ground that he was denied his right to a fair trial by the failure of the trial court to ensure that he had waived his right to assistance of counsel.1

When defendant first appeared for arraignment, on April 3, 1981, he appeared without counsel. The court ■determined that he was ineligible for court-appointed counsel, and the arraignment was continued. On April 6, he appeared with retained counsel,…