State v. Covington

696 S.E.2d 183, 205 N.C. App. 254, 2010 N.C. App. LEXIS 1090
CourtCourt of Appeals of North Carolina
DecidedJuly 6, 2010
DocketCOA09-1291
StatusPublished
Cited by3 cases

This text of 696 S.E.2d 183 (State v. Covington) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Covington, 696 S.E.2d 183, 205 N.C. App. 254, 2010 N.C. App. LEXIS 1090 (N.C. Ct. App. 2010).

Opinions

JACKS ON, Judge.

Darrice Jamar Covington (“defendant”) appeals from his 16 June 2009 conviction of possession with intent to sell or deliver cocaine.1 For the following reasons, we hold no error.

[255]*255On 23 December 2008, defendant was arrested for possession with the intent to sell or distribute cocaine. After a brief pursuit, defendant was apprehended and taken to the Raleigh Police Department where several attempts to search defendant proved unsuccessful due to defendant’s clothing, as well as physical and verbal resistance. With the aid of four or five officers, handcuffs, and leg irons, officers were able to search defendant. Their search uncovered a bag of cocaine from the waistband of defendant’s boxer shorts, a bag of marijuana, and $234.00 in cash.

On 29 December 2008, defendant waived his right to counsel and subsequently retained an attorney (“trial counsel”). On 15 June 2009, a jury was impaneled for defendant’s trial. The following day, trial counsel stated that defendant wished to address the court. Defendant stated that he desired substitute counsel. The trial court asked defendant to explain the basis for his request, and defendant stated that trial counsel had not communicated frequently enough; consequently, they had not discussed the case fully. Defendant also claimed that he was unaware that the trial was going to take place that day. Additionally, defendant explained that he was concerned with trial counsel’s trial strategy, particularly that defendant was advised not to testify. The trial court explained to defendant that trial counsel may have a reason for advising defendant not to testify and pointed out defendant’s criminal récord containing a conviction for the same crime with which he was charged in the instant case. The trial court explained to defendant that he had the right to testify notwithstanding his counsel’s advice.

The trial court refused defendant’s request to substitute counsel. Instead, the trial court presented defendant with the option to proceed with representation by trial counsel or to proceed representing himself with trial counsel as standby, noting that this course of action was not advised. Defendant chose to proceed with representation by trial counsel. He was convicted as charged by a jury, and at sentencing, defendant told the trial court, “I didn’t even know that I— the trial would be set up this quick. I didn’t even know that — that the trial [would] be set up so quick. I never knew none of this.” On 16 June 2009, the trial court entered judgment and commitment. Defendant appeals.

Defendant’s sole argument is that he is entitled to a new trial because the trial court’s denial of his request for appointment of substitute counsel constituted a violation of his right to effective assistance of counsel pursuant to Article I, Section 23 of the North [256]*256Carolina Constitution and the Sixth Amendment of the United States Constitution.2 We disagreé.

Our Supreme Court has held that

[t]he right to the assistance of counsel and the right to face one’s accusers and witnesses with other testimony are guaranteed by the Sixth Amendment to the Federal Constitution which is made applicable to the States by the Fourteenth Amendment, and by Article I, Sections 19 and 23 of the Constitution of North Carolina. The right to the assistance of counsel includes the right of counsel to confer with witnesses, to consult with the accused and to prepare his defense.

State v. Cradle, 281 N.C. 198, 207, 188 S.E.2d 296, 302 (1972) (citations omitted). Errors arising pursuant to the United States Constitution are presumed prejudicial unless the appellate court finds that the error was harmless beyond a reasonable doubt. N.C. Gen. Stat. § 15A-1443(b) (2007). “The burden is upon the State to demonstrate, beyond a reasonable doubt, that the error was harmless.” Id. Our Supreme Court applies this principle to errors arising pursuant to the North Carolina Constitution. State v. Bunch, 363 N.C. 841, 844, 689 S.E.2d 866, 868 (2010) (quoting State v. Huff, 325 N.C. 1, 33, 381 S.E.2d 635, 654 (1989), sentence vacated on other grounds, 497 U.S. 1021, 111 L. Ed. 2d 777 (1990)).

However, “[ajbsent a showing of a sixth amendment violation, the decision of whether appointed counsel shall be replaced is a matter committed to the sound discretion of the trial court.” State v. Hutchins, 303 N.C. 321, 336, 279 S.E.2d 788, 798 (1981) (citing State v. Sweezy, 291 N.C. 366, 230 S.E.2d 524 (1976)). “Because of the potential these challenges have for disrupting the efficient dispensing of justice, appellate courts ought to be reluctant to overturn the action of the trial judge.” Id. at 337, 279 S.E.2d at 798.

To obtain substitute counsel, a defendant must show “ ‘good cause, such as a conflict of interest, a complete breakdown in communication or an irreconcilable conflict which leads to an apparently unjust verdict.’ ” State v. Sweezy, 291 N.C. 366, 372, 230 S.E.2d 524, 529 (1976) (quoting United States v. Calabro, 467 F.2d 973, 986 (2d [257]*257Cir. 1972)). “ ‘In the absence of any substantial reason for replacement of court-appointed counsel, an indigent defendant must accept counsel appointed by the court, unless he desires to present his own defense.’ ” State v. Robinson, 290 N.C. 56, 65, 224 S.E.2d 174, 179 (1976) (quoting State v. McNeil, 263 N.C. 260, 270, 139 S.E.2d 667, 674 (1965)).

Denying a defendant’s request for substitute counsel based upon his current counsel’s communication and trial strategy does not automatically amount to a violation of the defendant’s constitutional rights. See State v. Thacker, 301 N.C. 348, 271 S.E.2d 252 (1980). In Thacker, a defendant requested substitute counsel because of poor “communication between [the defendant] and the [c]ourt-appointed counsel.” Id. at 351, 271 S.E.2d at 254. The defendant stated that his counsel did not understand the questions that the defendant wanted to present to the court. Id. The defendant was allowed to dismiss his counsel and represent himself; his appointed counsel remained available for assistance throughout trial. However, the defendant was not permitted to obtain substitute counsel. Both this Court and our Supreme Court affirmed this decision, holding that “the trial court must satisfy itself only that present counsel is able to render competent assistance and that the nature or degree of the conflict is not such as to render that assistance ineffective. The United States Constitution requires no more.” Id. at 353, 271 S.E.2d at 256.

In the case sub judice,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Chafen
Court of Appeals of North Carolina, 2025
State v. Glenn
726 S.E.2d 185 (Court of Appeals of North Carolina, 2012)
State v. Covington
696 S.E.2d 183 (Court of Appeals of North Carolina, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
696 S.E.2d 183, 205 N.C. App. 254, 2010 N.C. App. LEXIS 1090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-covington-ncctapp-2010.