1. “Trial” means that portion of a criminal action which:
(a) If a jury is used, begins with the impaneling of the jury and ends with the return of the verdict, both inclusive.
(b) If no jury is used, begins with the opening statement, or if there is no opening statement, when the first witness is sworn, and ends with the closing argument or upon submission of the cause to the court without argument, both inclusive.
2. “Trial” does not include any proceeding had upon a plea of guilty or guilty but mentally ill to determine the degree of guilt or to fix the punishment.