State v. Hunter

PLOTKIN, Judge.

The State filed an application for rehearing which we granted. In our original opinion, we reversed the defendant’s conviction and remanded the case for a new trial on the ground that the defendant had not received effective assistance of counsel at trial.

In its application for rehearing, the state contends that the appellant did not first file his assignments of error in the trial court. The court of appeal may require an appellant to file an assignment of error in the trial court to permit the latter to make an appropriate response. However, when an appellant has not done…