State v. Simpkins

STROUD, Judge.

*326Defendant appeals his convictions for resisting a public officer and failing to exhibit/surrender his license. Because the trial court did not properly instruct defendant on waiver of the right to counsel under North Carolina General Statute § 15A-1242 and because defendant did not forfeit his right to such an instruction, we conclude defendant must receive a new trial.

I. Background

In July of 2016, Officer Trent Middlebrook of the City of Locust was on patrol; he ran the "tag" of a vehicle and discovered that the owner of the vehicle, defendant, had a suspended driver's license…