concurring in part and dissenting in part.
I concur fully with Divisions 1,2 and 4 of the majority opinion. The defendant was represented by counsel in one of the prior convictions but not the other. Therefore, I concur fully with Division 4. I would remand for proper sentencing, and a new trial is not necessary as to that error. See Argersinger v. Hamlin, 407 U. S. 25, 40 (92 SC 2006, 32 LE2d 530).
But I dissent from Division 3 for two reasons:
First: The court did not express or intimate an opinion as to what had or had not been proved, or as to the guilt of the defendant, although he re-phrased the assistant district attorney’s question to the defendant as a witness and reminded the witness not to commit perjury.
Second: Counsel for defendant made no objection nor did he move for a mistrial as a basis for an assignment of error. Hence the alleged error has been waived. See Williamson v. State, 217 Ga. 162 (1) (121 SE2d 782); Grimsley v. State, 225 Ga. 567 (2) (170 SE2d 238); Ezzard v. State, 229 Ga. 465 (2) (192 SE2d 374).
I am authorized to state that Presiding Judge Deen, Judge Marshall and Judge Banke join in this dissent.