Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 28, 1983.
CLARK, Judge.
Carl Wood was charged with the offense of assault in the second degree by means of a dangerous instrument. In a hearing immediately before trial, the court found Wood to be a prior offender and therefore subject to sentence by the court. Trial was thereafter had before a jury which was instructed, not only on the elements of the offense, but on the applicable...
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