Criminal Practice — Probation – Revocation Hearing – Waiver of Counsel – Insufficient Colloquy

Even though defendant twice waived his right to counsel in writing, the trial court was still required to conduct the thorough inquiry mandated by G.S. § 15A-1242. The trial court’s two questions—whether defendant planned to hire private counsel or represent himself and whether he still wanted to represent himself—were inadequate.

We vacate the judgment and commitment upon revocation, and we remand for a new probation revocation hearing.

State v. Shook (Lawyers Weekly No. 012-211-21, 9 pp.) (Toby Hampson, J.) Appealed from Catawba County Superior Court (Gregory Hayes, J.) Zachary Dunn for the state; Mary McCullers Reece for defendant. 2021-NCCOA-338