State v. Vanderburg

Court of Appeals of North Carolina

State v. Vanderburg

184 S.E.2d 915, 13 N.C. App. 248, 1971 N.C. App. LEXIS 1218

CourtCourt of Appeals of North Carolina

DecidedDecember 15, 1971

DocketNo. 7122SC666

StatusPublished

Cited by2 cases

This text of 184 S.E.2d 915 (State v. Vanderburg) 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. Vanderburg, 184 S.E.2d 915, 13 N.C. App. 248, 1971 N.C. App. LEXIS 1218 (N.C. Ct. App. 1971).

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Opinion

MORRIS, Judge.

The failure of the record to show affirmatively that defendant was aware of the consequences of his pleas of guilty and to show affirmatively that his pleas were voluntarily and understanding^ entered entitles the defendant to have his pleas of guilty vacated and entitles him to replead to the charges. State v. Harris, 10 N.C. App. 553, 180 S.E. 2d 29 (1971). We find in the record no transcript of plea signed by the defendant nor any adjudication entered by the trial judge indicating that defendant freely, understandingly and voluntarily made the pleas. We must, therefore, order that defendant’s pleas of guilty be stricken and the matter remanded so that defendant may re-plead.

Discussion of defendant’s other assignments of error is not necessary.

New trial.

Judges Campbell and Parker concur.

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MORRIS, Judge.

The failure of the record to show affirmatively that defendant was aware of the consequences of his pleas of guilty and to show affirmatively that his pleas were voluntarily and understanding^ entered entitles the defendant to have his pleas of guilty vacated and entitles him to replead to the charges. State v. Harris, 10 N.C. App. 553, 180 S.E. 2d 29 (1971). We find in the record no transcript of plea signed by the defendant nor any adjudication entered by the trial judge indicating that defendant freely, understandingly and voluntarily made the pleas. We must, therefore, order that defendant’s pleas of guilty be stricken and the matter remanded so that defendant may re-plead.

Discussion of defendant’s other assignments of error is not necessary.

New trial.

Judges Campbell and Parker concur.

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Bluebook (online)

184 S.E.2d 915, 13 N.C. App. 248, 1971 N.C. App. LEXIS 1218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vanderburg-ncctapp-1971.

Opinion

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