State v. Hopkins

The trial court granted defendant’s motion for a new trial after he had been jury-tried and convicted of second degree murder. Thereafter, defendant waived a jury and consented to be retried by the court upon the transcript of the first trial. We assume from the verbiage contained in the transcript on appeal that on January 24, 1976, the court believed defendant guilty of manslaughter and proceeded, inter alia, as follows: “The Court: Mr. Hopkins [the defendant], I again inquire whether you have any lawful reason why this court should not impose a sentence at this time? Mr. Hopkins: None,…