State v. Evans, COA01-891.
Decision Date | 01 October 2002 |
Docket Number | No. COA01-891.,COA01-891. |
Citation | 153 NC App. 313,569 S.E.2d 673 |
Court | North Carolina Court of Appeals |
Parties | STATE of North Carolina v. Linwood Arrtagus EVANS. |
Attorney General Roy Cooper, by Assistant Attorney General Brenda Eaddy, for the State.
Angela H. Brown, Greenville, for defendant-appellant.
On 21 August 1998, defendant pled guilty to six breaking and entering charges. He was subsequently sentenced to six consecutive eight to ten-month terms of imprisonment. These sentences were suspended and defendant was placed on supervised, intensive probation for a total of 60 months. Defendant's probation was modified and he was ordered, among other things, to pay restitution in the amount of $10,842.00 and not violate any State laws which penalty exceeds 45 days in jail.
On 5 September 2000, the trial court ordered that all of defendant's past due and future supervision fees be remitted. On 18 January 2001, defendant's probation officer filed a violation report alleging that defendant had violated the terms of his probation. Specifically, the report alleged that defendant was in arrearage on the restitution requirement and that he also violated his probation by committing the offense of driving while license revoked.
At defendant's probation revocation hearing on 12 February 2001, defendant executed a written waiver of his right to counsel and proceeded pro se. At the beginning of the hearing, the trial court inquired as follows:
Thereafter, the trial court proceeded with the probation revocation hearing and subsequently found defendant to be in willful violation of his probation without lawful excuse, revoked his probation and activated his suspended sentences.
Defendant contends that the trial court erred in allowing him to proceed pro se without conducting an inquiry as required by N.C. Gen.Stat. § 15A-1242, which provides:
N.C. Gen.Stat. § 15A-1242 (2001).
cert. denied, 531 U.S. 843, 121 S.Ct. 109, 148 L.Ed.2d 67, and rehearing denied, 531 U.S. 1002, 121 S.Ct. 506, 148 L.Ed.2d 475 (2000). This mandated inquiry is satisfied only where the trial court fulfills the requirements of N.C. Gen.Stat. § 15A-1242.
The provisions of N.C. Gen.Stat. § 15A-1242 are mandatory where the defendant requests to proceed pro se. State v. Lyons, 77 N.C.App. 565, 568, 335 S.E.2d 532, 534 (1985)
. The execution of a written waiver is no substitute for compliance by the trial court with the statute. State v. Wells, 78 N.C.App. 769, 773, 338 S.E.2d 573, 575 (1986). A written waiver is "something in addition to the requirements of N.C. Gen.Stat. § 15A-1242, not ... an alternative to it." State v. Hyatt, 132 N.C.App. 697, 703, 513 S.E.2d 90, 94 (1999).
The State correctly points out that, where the defendant has executed a written waiver of counsel which is certified by the trial court, a presumption arises that the waiver by the defendant was knowing, intelligent and voluntary. State v. Warren, 82 N.C.App. 84, 89, 345 S.E.2d 437, 441 (1986). Nevertheless, where the record indicates otherwise, that presumption is rebutted. Hyatt, 132 N.C.App. at 703, 513 S.E.2d at 94; State v. Love, 131 N.C.App. 350, 507 S.E.2d 577 (1998), affirmed, 350 N.C. 586, 516 S.E.2d 382 (1999); Warren, 82 N.C.App. at 89, 345 S.E.2d at 441. The execution of a written waiver of the...
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State v. Wood, No. COA07-912 (N.C. App. 3/4/2008)
...(2005). "The provisions of [section] 15A-1242 are mandatory where the defendant requests to proceed pro se." State v. Evans, 153 N.C. App. 313, 315, 569 S.E.2d 673, 675 (2002). In the case sub judice, a status conference was held on 3 July 2006, at which the following colloquy took DEFENDAN......
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State v. Bernard, No. COA07-1289 (N.C. App. 5/6/2008)
...presume the waiver of counsel was knowing, intelligent and voluntary unless the record indicates otherwise. State v. Evans, 153 N.C. App. 313, 315, 569 S.E.2d 673, 675 (2002). We conclude that the trial court engaged Defendant in a thorough inquiry regarding his waiver of counsel, following......
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State v. Aretz, No. COA09-588 (N.C. App. 10/6/2009)
...reviews questions of law de novo. State v. Sapp, 190 N.C. App. 698, 703, 661 S.E.2d 304, 307 (2008); see State v. Evans, 153 N.C. App. 313, 315-16, 569 S.E.2d 673, 675 (2002) (applying de novo review of trial court's compliance with N.C. Gen. Stat. § The right to counsel is guaranteed by th......
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In the Matter of P.D.R.
...failed to determine whether defendant's waiver of his right to counsel was knowing, intelligent and voluntary.” State v. Evans, 153 N.C.App. 313, 316, 569 S.E.2d 673, 675 (2002) (holding court's inquiry into probationer's expressed desire to proceed pro se did not satisfy N.C. Gen.Stat. § 1......