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STATE v. CALLAHAN

No. 8616SC665.

350 S.E.2d 128 (1986)

83 N.C. App. 323

STATE of North Carolina v. David Leverne CALLAHAN.

Court of Appeals of North Carolina.

November 18, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Ellen Scouten, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Daniel R. Pollitt, Raleigh, for defendant-appellant.

EAGLES, Judge.

By assignments of error numbers 1 and 2, defendant contends that he is entitled to a new trial because the trial court required him to proceed pro se without clearly finding that defendant intended to proceed without the assistance of counsel.

G.S. 15A-1242, in full, provides as follows:

A defendant may be permitted at his election to proceed in the trial of his case without the assistance of counsel only after the trial judge...

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