State v. Spencer, 218 N.C. App. 267 (Jan. 17, 2012)

Although concluding that counsel admitted the defendant’s guilt to the jury, the court dismissed the defendant’s Harbison claim without prejudice to his right to file a motion for appropriate relief on that basis in the trial court. Counsel conceded guilt to resisting a public officer and eluding arrest when he stated, among other things, that the defendant “chose to get behind the wheel after drinking, and he chose to run from the police[,]” and “[the officer] was already out of the way and he just kept on going, kept running from the police.” However, the record did not indicate whether the defendant had consented to these admissions.