Legal Opinion

State v. Pena

Court of Appeals of North Carolina

Decided December 19, 2017No. COA16-1075PublishedCited by 9 opinions

1Opinion of the Court

STROUD, Judge.

*196 Defendant Bernardo Roberto Pena ("defendant") appeals from the trial court's judgments convicting him of attempted second degree sex offense, attempted second degree rape, second degree sex offense, second degree kidnapping, and sexual battery. On appeal, defendant's primary argument is that the trial court denied his constitutional right to counsel by requiring him to proceed to trial pro se when he did not clearly and unequivocally elect to do so and without performing a proper inquiry into whether defendant knowingly, intelligently, and voluntarily elected to proceed without…

2Cases cited12 opinions

  1. State v. ThomasSupreme Court of North Carolina · 1992
  2. State v. EvansCourt of Appeals of North Carolina · 2002
  3. State v. BlakeneyCourt of Appeals of North Carolina · 2016
  4. State v. QuickCourt of Appeals of North Carolina · 2006
  5. State v. BullockSupreme Court of North Carolina · 1986

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re: Wash. Cty. Sheriff's Off.Court of Appeals of North Carolina · 2020
  2. In Re: Wash. Cty. Sheriff's Off.Court of Appeals of North Carolina · 2020
  3. State v. AtwellCourt of Appeals of North Carolina · 2021
  4. State v. AtwellCourt of Appeals of North Carolina · 2021
  5. State v. BannermanCourt of Appeals of North Carolina · 2021

4 more not listed; retrieve them via the Exa API.

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