State v. Brincefield
State v. Brincefield
Opinion
Judge McLelland was the trial judge and also presided at the pretrial hearings of defendant when defendant executed the waiver of counsel form. At that time, Judge McLelland fully informed defendant in open court of the nature of the proceedings or charges against him and of his right to have counsel appointed to represent him. With this information and understanding and after the judge explained the meaning and effect of waiver of counsel, defendant waived his right to counsel in the judge’s presence.
Defendant, under oath, stated he had been informed of the charges against him, the nature of them, the statutory punishment therefor, the nature of the proceeding, the right to counsel and the consequences of waiver of counsel. He further swore that he understood the foregoing and thereupon waived the assignment of counsel and elected to appear in all respects in his own behalf, without counsel, which he understood he had a right to do.
Brincefield, a defendant in a state criminal trial, had the right, protected by the United States Constitution, to represent himself in this case. Faretta v. California, 422 U.S. 806, 45 L.Ed. 2d 562 (1975); State v. Mems, 281 N.C. 658, 190 S.E. 2d 164 (1972). Under the laws of North Carolina, a defendant may appear either in person or by attorney. N.C. Gen. Stat. 1-11; State v. Pritchard, 227 N.C. 168, 41 S.E. 2d 287 (1947); State v. Lashley, 21 N.C. App. 83, 203 S.E. 2d 71 (1974). See Leippe, Right To Defend Pro Se, 48 N.C.L. Rev. 678 (1970).
We hold the defendant knowingly, intelligently and voluntarily waived right to counsel before Judge McLelland. Faretta v. California, supra. All the provisions of N.C.G.S. 15A-1242 were obeyed. The assignment of error is overruled.
*52
Whatever else a defendant may raise on appeal, when he elects to represent himself he cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel. Id.
There was plenary evidence in the record to submit the stated charges to the jury. Defendant testified in his own behalf and produced other witnesses. The jury reconciled the evidence against defendant. The trial judge accorded the defendant a fair trial, free of prejudicial error, under difficult circumstances. We find
*53 No error.
Reference
- Full Case Name
- State of North Carolina v. Jerome Edward Brincefield
- Cited By
- 9 cases
- Status
- Published