State v. Seymore, 214 N.C.App. 547, 714 S.E.2d 499 (Aug. 16, 2011)

The trial court erred by allowing the defendant to waive counsel after accepting a waiver of counsel form but without complying with G.S. 15A-1242. Significantly, on the waiver form the defendant checked the box waiving his right to assigned counsel, not the box waiving his right to all assistance of counsel. Citing State v. Callahan, 83 N.C. App. 323, 324 (1986), the court noted that “[t]he record must affirmatively show that the inquiry was made and that the defendant, by his answers, was literate, competent, understood the consequences of his waiver, and voluntarily exercised his own free will.” It continued, quoting Callahan and stating: “In cases where ‘the record is silent as to what questions were asked of defendant and what his responses were’ this Court has held, ‘[we] cannot presume that [the] defendant knowingly and intelligently waived his right to counsel[.]’ When there is no ‘transcription of those proceedings,’ the defendant “is entitled to a new trial.”