STATE v. GRIFFIN

No. 914SC1067.

425 S.E.2d 722 (1993)

STATE of North Carolina v. Samuel GRIFFIN.

Court of Appeals of North Carolina.

February 16, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Kathryn Jones Cooper, Raleigh, for the State.

Sumrell, Sugg, Carmichael & Ashton, P.A. by Rudolph A. Ashton, III, New Bern, for defendant.


EAGLES, Judge.

Defendant first argues that the trial judge erred at the sentencing hearing by telling defense counsel in a bench conference that it "would be a big mistake" to have the defendant testify. We agree with defendant.

In his brief, the defendant argues primarily that his statutory right to testify pursuant to G.S. § 8-54 and his constitutional right to testify were "chilled." We agree that the defendant's right to testify was "chilled," but...

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