STATE OF NORTH CAROLINA
v. Union County
No. 00 CRS 54352
PRENTISS ROBINSON,
Defendant
Attorney General Roy Cooper, by Assistant Attorney General
Dolores O. Smith, for the State.
James M. Bell for defendant-appellant.
WYNN, Judge.
In this appeal, defendant argues that the trial court
improvidently accepted his plea of guilt to the charge of resisting
a public officer. We disagree.
Initially, defendant argues that the trial court committed
reversible error by accepting his transcript of plea because it was
unclear that he had a complete understanding of what he was doing.
However, because the record does not show that defendant made a
motion to withdraw his guilty plea, he “is not entitled to
appellate review as a matter of right . . . .” N.C. Gen. Stat. §
15A-1444(e) (2001); State v. Washington, 116 N.C. App. 318, 320,
447 S.E.2d 799, 800 (1994). This assignment of error is thereforedismissed.
In his second argument, defendant contends the trial court
erred by accepting a written transcript of plea which was
incomplete on its face. He asserts the incomplete form “is further
evidence that [he] lacked knowledge and understanding as to what he
was doing and that the plea was not his informed choice.” As noted
in the preceding discussion, the issue of whether defendant lacked
knowledge and understanding to enter his plea is not before this
Court. See N.C. Gen. Stat. § 15A-1444(e). Defendant, citing State
v. Pope, 257 N.C. 326, 335, 126 S.E.2d 126, 133 (1962), also argues
the judgment should be disturbed for the procedural irregularities
present in this case. We are not persuaded by this argument.
A defendant must show he was prejudiced to be entitled to have
his plea vacated. See State v. Hendricks, 138 N.C. App. 668, 670,
531 S.E.2d 896, 898 (2000) (failure to comply with procedural
requirements of N.C. Gen. Stat. § 15A-1022 did not invalidate
plea); see also N.C. Gen. Stat. § 15A-1443(a) (2001). Defendant's
written transcript of plea form does not contain responses to
inquiries as to his date of birth, age, and highest level of
education completed. However, his prior record worksheet lists his
date of birth as 23 February 1963, which would indicate that he was
thirty-eight years old at the time of his guilty plea. He also
indicated on the transcript of plea form that he could read and
write at the twelveth grade level. Defendant has not argued nor
shown any disabilities related to age or educational background
which would raise questions about his competence to enter into aplea arrangement.
Defendant also complains the transcript of plea form lacks
responses to questions 9(a) and 9(b) (automatic forfeiture of
licensing privileges), 9A (Victims Rights Act cases), and 14, 14(a)
and 14(b) (terms and conditions of plea arrangement, the
completeness of any plea arrangement described, and acceptance of
those terms). As noted on the transcript of plea form itself,
responses to these six questions are conditioned upon their
applicability to the individual. Defendant has failed to show that
those specific provisions were applicable to him and required a
response. He has not argued that he unknowingly forfeited any
licensing privileges or that his offense subjected him to the terms
of the Victims Rights Act. Because defendant had no plea
arrangement, the three questions as to “the terms and conditions of
[his] plea” did not require a response. Defendant has failed to
show that he has suffered any prejudice as a result of the alleged
omissions on the transcript of plea form. See N.C. Gen. Stat. §
15A-1443. Accordingly, the trial court's judgment is,
Affirmed.
Judges McGEE and CAMPBELL concur.
Report per Rule 30(e).
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