State v. Likakur

—Defendant was charged with the crime of rape in the first degree while armed with a deadly weapon. At bench trial he was adjudged guilty of the lesser included offense of second-degree rape, the judge declining to make a finding that he was armed with a deadly weapon. Defendant appeals. His attorney on appeal did not represent him at trial. In his sole assignment of error defendant contends that the court failed to adequately determine defendant's competence to waive his right to a jury trial in violation of the due process clause of the fourteenth amendment to the United States Constitution…