Griffin v. State

I concur fully with Divisions 1,2 and 4 of the majority opinion. The defendant was represented by counsel in one of the prior convictions but not the other. Therefore, I concur fully with Division 4. I would remand for proper sentencing, and a new trial is not necessary as to that error. See Argersinger v. Hamlin, 407 U. S. 25, 40 (92 SC 2006, 32 LE2d 530).

But I dissent from Division 3 for two reasons:

First: The court did not express or intimate an opinion as to what had or had not been proved, or as to the guilt of the defendant, although he re-phrased the assistant district attorney’s…