LETTS, Judge.
The main appeal is per curiam affirmed without comment. However, the state has filed a cross appeal which merits discussion.
Involved is the second phase of a murder trial. The jury here found the defendant guilty of murder in the first degree, but the trial judge stated for the record that he would not impose the death penalty. Upon receipt of that news, the defendant opted to waive jury trial as to the penalty phase of the trial, a waiver not...
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