Lopez

INTRODUCTION

While driving under the influence of alcohol, appellant Lauro Lopez made a left *467 turn in front of an oncoming motorcycle, hitting and killing the rider. A jury convicted appellant of second degree murder and felony hit and run driving resulting in death or serious injury.

Appellant challenges his conviction in several ways. First, he argues that the trial court erred by admitting evidence of the advisement he received after a prior conviction for driving under the influence. Second, appellant raises several claims of error related to the jury instructions. Third, he contends his conviction on both counts must be overturned due to his counsel's concession at trial that appellant committed the hit and run, coupled with the absence of affirmative evidence that he knowingly waived his constitutional trial rights. Finally, he asserts cumulative error and sentencing error.

We conclude that defense counsel's statements during argument were tantamount to a guilty plea on the hit and run offense. Moreover, the record is silent as to whether appellant gave informed consent to waive his right to trial on this count. Under these circumstances and applying recent case law…