{ "id": 8957748, "name": "STATE OF NORTH CAROLINA v. RONALD ROGERS, Defendant", "name_abbreviation": "State v. Rogers", "decision_date": "2003-11-18", "docket_number": "No. COA02-1705", "first_page": "345", "last_page": "346", "citations": [ { "type": "official", "cite": "161 N.C. App. 345" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "76 N.C. 231", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8690926 ], "year": 1877, "pin_cites": [ { "page": "233", "parenthetical": "stating that if an appellate \"court should decide there was error [in a trial] and direct a venire de novo, the conviction also would be annulled and the defendant stand as if there had been no trial\"" } ], "opinion_index": 0, "case_paths": [ "/nc/76/0231-01" ] }, { "cite": "97 S.E.2d 855", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1957, "pin_cites": [ { "page": "858", "parenthetical": "stating that \"where a defendant appeals ... it will not be deemed a final conviction unless the judgment of the trial court is upheld by the appellate court\"" } ], "opinion_index": 0 }, { "cite": "246 N.C. 169", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625161 ], "year": 1957, "pin_cites": [ { "page": "172", "parenthetical": "stating that \"where a defendant appeals ... it will not be deemed a final conviction unless the judgment of the trial court is upheld by the appellate court\"" } ], "opinion_index": 0, "case_paths": [ "/nc/246/0169-01" ] }, { "cite": "529 S.E.2d 671", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "352 N.C. 119", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 685059 ], "year": 2000, "opinion_index": 0, "case_paths": [ "/nc/352/0119-01" ] } ], "analysis": { "cardinality": 276, "char_count": 4431, "ocr_confidence": 0.783, "pagerank": { "raw": 5.0011153170616546e-08, "percentile": 0.3153917467775148 }, "sha256": "73dc23219853a69419957ebb1617cd806df80d9ba17ac729759d79df8522e5c0", "simhash": "1:2f3e236ad6541c74", "word_count": 702 }, "last_updated": "2023-07-14T20:10:07.642184+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges TIMMONS-GOODSON and ELMORE concur." ], "parties": [ "STATE OF NORTH CAROLINA v. RONALD ROGERS, Defendant" ], "opinions": [ { "text": "WYNN, Judge.\nBy this appeal, Defendant, Ronald Rogers, asks this Court to consider whether the trial court erred in entering a judgment against him for attorneys\u2019 fees arising out of ineffective representation. After careful review, we vacate the judgment for attorneys\u2019 fees.\nAfter a jury trial, Defendant was convicted of first degree murder, assault with a deadly weapon with intent to kill inflicting serious injury and discharging a firearm into occupied property and was subsequently sentenced to death. On appeal, our Supreme Court determined Defendant\u2019s appointed counsel, Ira B. Pittman and Joseph G. Davis, III, had insufficient time to prepare for the defense of Defendant\u2019s criminal trial and therefore Defendant was entitled to a new trial. See State v. Rogers, 352 N.C. 119, 529 S.E.2d 671 (2000). On remand, the trial court appointed the same counsel to represent Defendant; however, Defendant chose to retain private counsel and eventually pled guilty to second-degree murder pursuant to a plea agreement.\nAfter Defendant retained private counsel, the trial court entered a judgment against Defendant for his appointed counsels\u2019 attorneys\u2019 fees from 16 June 2000, the date of the Supreme Court opinion, through the date they withdrew as counsel. After Defendant entered his guilty plea, the trial court informed Defendant and his private counsel that it was \u201c[taking] the issue of judgment for attorney fees from [the appointed counsels\u2019] original appointment under advisement until a hearing at bar.\u201d On 14 June 2002, the trial court entered an order and judgment awarding Mr. Pittman, $45,416.35, and Mr. Davis, $35,611.10, as attorneys\u2019 fees. Defendant appeals.\nDefendant contends N.C. Gen. Stat. \u00a7 7A-455(c) precludes an order for partial payment of attorneys\u2019 fees in this case. Under N.C. Gen. Stat. \u00a7 7A-455(c) (2001), \u201cno order for partial payment under subsection (a) ... or under subsection (b) . .. shall be entered unless the indigent person is convicted.\u201d Defendant argues the Supreme Court\u2019s reversal of his conviction due to presumed ineffective assistance of counsel means he was not convicted in the initial trial and cannot be held liable for attorneys\u2019 fees. We agree.\nThe defendant argues, and the State- recognizes, that the universal practice of the general courts of justice is to not reduce to judgment the money value of legal services provided an indigent person convicted at trial when an appeal is taken that results in a reversal of the conviction. That practice is a reasonable interpretation of the language of N.C. Gen. Stat. \u00a7 7A-455(c). See Barbour v. Scheidt, 246 N.C. 169, 172, 97 S.E.2d 855, 858 (1957) (stating that \u201cwhere a defendant appeals ... it will not be deemed a final conviction unless the judgment of the trial court is upheld by the appellate court\u201d); see also State v. Alexander, 76 N.C. 231, 233 (1877) (stating that if an appellate \u201ccourt should decide there was error [in a trial] and direct a venire de novo, the conviction also would be annulled and the defendant stand as if there had been no trial\u201d).\nIn this case, our Supreme Court held Defendant was entitled to a new trial. Accordingly, Defendant cannot be held responsible for appointed counsels\u2019 attorneys\u2019 fees arising out of the first trial.\nVacated.\nJudges TIMMONS-GOODSON and ELMORE concur.", "type": "majority", "author": "WYNN, Judge." } ], "attorneys": [ "Attorney General Roy Coo-per, by Special Deputy Attorney General W. Dale Talbert, for the State.", "Osborn & Tyndall, P.L.L.G., by J. Kirk Osborn and Amos Granger Tyndall, for the defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. RONALD ROGERS, Defendant\nNo. COA02-1705\n(Filed 18 November 2003)\nIndigent Defendants\u2014 attorney fees \u2014 appointed counsel\u2014 judgment against defendant \u2014 conviction reversed\nThe trial court erred by entering a judgment against defendant for his appointed counsels\u2019 attorney fees arising out of his first trial, because: (1) N.C.G.S. \u00a7 7A-455(c) provides that no order for partial payment shall be entered unless the indigent person is convicted; and (2) our Supreme Court\u2019s reversal of defendant\u2019s conviction based on presumed ineffective assistance of counsel because counsel had insufficient time to prepare a defense means he was not convicted in the initial trial and cannot be held liable for attorney fees.\nAppeal by defendant from order and judgment entered 14 June 2002 by Judge Michael E. Beale in Superior Court, Richmond County. Heard in the Court of Appeals 14 October 2003.\nAttorney General Roy Coo-per, by Special Deputy Attorney General W. Dale Talbert, for the State.\nOsborn & Tyndall, P.L.L.G., by J. Kirk Osborn and Amos Granger Tyndall, for the defendant-appellant." }, "file_name": "0345-01", "first_page_order": 375, "last_page_order": 376 }