State v. Watson
| Decision Date | 01 May 1974 |
| Docket Number | No. 745SC264,745SC264 |
| Citation | 204 S.E.2d 537,21 N.C.App. 374 |
| Parties | STATE of North Carolina v. Palmer WATSON. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Robert Morgan by Associate Atty. Charles R. Hassell, Jr., Raleigh, for the State.
Parker, Rice & Myles by Jeffrey T. Myles, Wilmington, for defendant appellant.
The defendant assigns as error the failure of the trial court to comply with G.S. § 7A--457. This statute in pertinent part reads as follows:
We think that in the instant case the waiver in writing and the certificate attached thereto entered by Judge Burnett in the district court was adequate and sufficient. In our opinion the statute does not require successive waivers in writing at every court level of the proceeding. The trial in the district court and the further trial of the case in the superior court on appeal together constituted one in-court proceeding. The waiver in writing once given was good and sufficient until the proceeding finally terminated, unless the defendant himself makes known to the court that he desires to withdraw the waiver and have counsel assigned to him. The burden of showing the change in the desire of the defendant for counsel rests upon the defendant. In the instant case, the trial judge in the superior court again called the attention of defendant to the fact that he could have court-assigned counsel to represent him if he so desired. This was all that was required, and, in fact, more than was required, and we find this assignment of error without merit.
The defendant assigns as error the fact that he did not receive a speedy trial. The record reveals that the offense occurred on 29 February 1972, and warrants were issued on that day. The warrants, however, were not served until 15 June 1973, and the defendant was tried on 3 October 1973. We do not believe that the defendant has shown any prejudice in this regard, and we find this assignment of error without merit. Compare State v. Johnson,275 N.C. 264, 167 S.E.2d 274 (1969).
The defendant assigns as error the fact that his wife was permitted to...
To continue reading
Request your trial
-
State v. Dorton
...is the responsibility of the defendant to notify the court if he changes his mind and wishes to have counsel. See State v. Watson, 21 N.C.App. 374, 379, 204 S.E.2d 537, 540-41 ("The burden of showing the change in the desire of the defendant for counsel rests upon the defendant."), cert. de......
-
State v. Hyatt, COA98-577.
...the defendant makes known to the court that he desires to withdraw the waiver and have counsel assigned to him. State v. Watson, 21 N.C.App. 374, 379, 204 S.E.2d 537, 540-41, cert. denied, 285 N.C. 595, 206 S.E.2d 866 (1974). Indeed, "[t]he burden of showing the change in the desire of the ......
-
State v. Love
..."The burden of showing the change in the desire of the defendant for counsel rests upon the defendant." State v. Watson, 21 N.C.App. 374, 379, 204 S.E.2d 537, 540-41 (1974), cert. denied, 285 N.C. 595, 206 S.E.2d 866 (1974). Finding nothing in the record to indicate that this defendant had ......
-
State v. Harper
...certified by the trial court, subsequent waivers or inquiries are not necessary before further proceedings. State v. Watson , 21 N.C. App. 374, 378, 204 S.E.2d 537, 540 (1974).¶ 49 Once the initial waiver of counsel was executed, it was not necessary for successive written waivers to be exe......