{ "id": 8520177, "name": "STATE OF NORTH CAROLINA v. ANTHONY ARMISTEAD BOWEN", "name_abbreviation": "State v. Bowen", "decision_date": "1982-03-02", "docket_number": "No. 8128SC873", "first_page": "210", "last_page": "214", "citations": [ { "type": "official", "cite": "56 N.C. App. 210" } ], "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": "224 S.E. 2d 174", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "290 N.C. 56", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560150 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/290/0056-01" ] }, { "cite": "271 S.E. 2d 252", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1980, "opinion_index": 0 }, { "cite": "301 N.C. 348", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8566259 ], "year": 1980, "opinion_index": 0, "case_paths": [ "/nc/301/0348-01" ] }, { "cite": "482 F. 2d 993", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1322664 ], "year": 1973, "pin_cites": [ { "page": "995" } ], "opinion_index": 0, "case_paths": [ "/f2d/482/0993-01" ] }, { "cite": "230 S.E. 2d 524", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1976, "pin_cites": [ { "page": "528" }, { "page": "529" }, { "page": "529" } ], "opinion_index": 0 }, { "cite": "291 N.C. 366", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558324 ], "year": 1976, "pin_cites": [ { "page": "371" } ], "opinion_index": 0, "case_paths": [ "/nc/291/0366-01" ] }, { "cite": "240 S.E. 2d 332", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "294 N.C. 231", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572465 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/nc/294/0231-01" ] }, { "cite": "279 S.E. 2d 788", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "pin_cites": [ { "page": "798" } ], "opinion_index": 0 }, { "cite": "303 N.C. 321", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573792 ], "year": 1981, "pin_cites": [ { "page": "336" } ], "opinion_index": 0, "case_paths": [ "/nc/303/0321-01" ] }, { "cite": "24 N.C. (2 Ired.) 379", "category": "reporters:state", "reporter": "N.C.", "year": 1842, "pin_cites": [ { "page": "386" } ], "opinion_index": 0 }, { "cite": "49 S.E. 2d 177", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1904, "pin_cites": [ { "page": "180" } ], "opinion_index": 0 }, { "cite": "136 N.C. 633", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8661657 ], "year": 1904, "pin_cites": [ { "page": "639" } ], "opinion_index": 0, "case_paths": [ "/nc/136/0633-01" ] }, { "cite": "42 S.E. 2d 663", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1947, "opinion_index": 0 }, { "cite": "227 N.C. 517", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626211 ], "year": 1947, "opinion_index": 0, "case_paths": [ "/nc/227/0517-01" ] }, { "cite": "244 S.E. 2d 373", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "295 N.C. 147", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561881 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/nc/295/0147-01" ] }, { "cite": "220 S.E. 2d 521", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1975, "pin_cites": [ { "page": "526" } ], "opinion_index": 0 }, { "cite": "288 N.C. 608", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570429 ], "year": 1975, "pin_cites": [ { "page": "615-16" } ], "opinion_index": 0, "case_paths": [ "/nc/288/0608-01" ] }, { "cite": "172 S.E. 2d 535", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1970, "opinion_index": 0 }, { "cite": "276 N.C. 361", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561421 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/nc/276/0361-01" ] }, { "cite": "434 U.S. 998", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6482113, 6482391, 6482780, 6483081, 6482542, 6482224, 6482481, 6482321, 6482871, 6482967, 6482681, 6483196, 6482589 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/us/434/0998-01", "/us/434/0998-04", "/us/434/0998-09", "/us/434/0998-12", "/us/434/0998-06", "/us/434/0998-02", "/us/434/0998-05", "/us/434/0998-03", "/us/434/0998-10", "/us/434/0998-11", "/us/434/0998-08", "/us/434/0998-13", "/us/434/0998-07" ] }, { "cite": "234 S.E. 2d 563", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "opinion_index": 0 }, { "cite": "292 N.C. 494", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8571236 ], "year": 1977, "opinion_index": 0, "case_paths": [ "/nc/292/0494-01" ] }, { "cite": "247 S.E. 2d 878", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1978, "pin_cites": [ { "page": "883" } ], "opinion_index": 0 }, { "cite": "295 N.C. 596", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8566427 ], "year": 1978, "pin_cites": [ { "page": "603" } ], "opinion_index": 0, "case_paths": [ "/nc/295/0596-01" ] } ], "analysis": { "cardinality": 570, "char_count": 8786, "ocr_confidence": 0.806, "pagerank": { "raw": 2.418391537820636e-07, "percentile": 0.8007594265148277 }, "sha256": "2abab90804ab1bb37e73be4f36357ec454f691014839ec4a1c26f7531f0108e0", "simhash": "1:180117746e27b877", "word_count": 1439 }, "last_updated": "2023-07-14T17:44:21.707745+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges HEDRICK and Becton concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ANTHONY ARMISTEAD BOWEN" ], "opinions": [ { "text": "HILL, Judge.\nThe State\u2019s evidence tended to show that on 24 July 1980, defendant and Richard Keith Garren discussed using a purchase order from Stroupe Sheet Metal Works to get come tools to sell at the flea market. Kay Ballinger saw defendant sign the name \u201cEd Smith\u201d on the purchase order; she later gave the purchase order to Garren along with a list of things to get from the Village True Value Hardware Store [hereinafter referred to as \u201cthe store\u201d].\nUpon receiving instructions from defendant, Garren and Ball-inger went to the store on the morning of 25 July. The store clerk \u201cgot all the things that I asked for,\u201d Garren testified. Garren signed an invoice, \u201cEd Smith, V.S.S. Job,\u201d received the equipment and tools, and left with Ballinger to go to the Dream Land Flea Market. Defendant already was waiting for Garren and Ballinger, and \u201c[a] substantial part of what had been bought at the store was sold at the flea market.\u201d Defendant kept the articles that were not sold. Defendant presented no evidence.\nIn his first argument, defendant contends that the indictment, quoted above, is insufficient to charge the offense of conspiracy and that he thereby was deprived of his constitutional rights to indictment and notice of the charges against him. .\nAn indictment is constitutionally sufficient if it apprises the defendant of the charge against him with enough certainty to enable him to prepare his defense and to protect him from subsequent prosecution for the same offense. The indictment must also enable the court to know what judgment to pronounce in case of conviction.\nState v. Lowe, 295 N.C. 596, 603, 247 S.E. 2d 878, 883 (1978). See State v. Squire, 292 N.C. 494, 234 S.E. 2d 563 (1977), cert. denied, 434 U.S. 998 (1978); State v. Riera, 276 N.C. 361, 172 S.E. 2d 535 (1970). \u201cA criminal conspiracy is an agreement between two or more persons to do an unlawful act or to do a lawful act in an unlwful way or by unlawful means .... As soon as the union of wills for the unlawful purpose is perfected, the offense of conspiracy is completed.\u201d State v. Bindyke, 288 N.C. 608, 615-16, 220 S.E. 2d 521, 526 (1975). Accord, State v. Abernathy, 295 N.C. 147, 244 S.E. 2d 373 (1978).\nTaken as a whole, then, we must determine whether the indictment sub judice sufficiently charges the offense of conspiracy. See State v. Blanton, 227 N.C. 517, 42 S.E. 2d 663 (1947). In so doing, as the State notes, we must find that the indictment clearly sets forth the purpose and object of the persons involved, \u201c \u2018as in these are to be found almost the only marks of certainty by which the parties accused may know what is the accusation they are to defend.\u2019 \u201d State v. Van Pelt, 136 N.C. 633, 639, 49 S.E. 2d 177, 180 (1904), quoting State v. Trammell, 24 N.C. (2 Ired.) 379, 386 (1842).\nThe indictment clearly charges that defendant conspired with Garren to obtain certain tools and equipment from the store by means of forging a signature to a purchase order. This information sets forth the purpose and object of defendant and Garren, and is sufficient to apprise defendant of the charge of conspiracy. This assignment of error is overruled.\nDefendant\u2019s second argument alleges that the trial judge erred in denying his motion to replace his court-appointed counsel where he had shown a deteriorated relationship between them. The disagreement between defendant and his attorney, defendant argues, denied him effective assistance of counsel. We do not agree.\nThe right to effective assistance of counsel, guaranteed by the Sixth Amendment to the United States Constitution, is made applicable to the states by the Fourteenth Amendment. Since there are no \u201chard and fast rules\u201d that can be employed to determine a denial of this right, \u201ceach case must be examined on an individual basis so that the totality of its circumstances are considered.\u201d State v. Hutchins, 303 N.C. 321, 336, 279 S.E. 2d 788, 798 (1981). See State v. Hensley, 294 N.C. 231, 240 S.E. 2d 332 (1978).\nAn accused has the right to conduct his own defense without counsel but he does not have the right to have the attorney of his choice appointed by the court. [Citation omitted.] Neither does the right to competent court-appointed counsel include the privilege to insist that counsel be removed and replaced with other counsel merely because defendant becomes dissatisfied with his attorney\u2019s services.\nState v. Sweezy, 291 N.C. 366, 371, 230 S.E. 2d 524, 528 (1976). The decision to appoint a different lawyer for a defendant who is dissatisfied with his court-appointed counsel \u201cis a matter committed to the sound discretion of the [trial judge].\u201d United States v. Young, 482 F. 2d 993, 995 (5th Cir. 1973), quoted in State v. Sweezy, supra at 371-72, 230 S.E. 2d at 529. A disagreement over trial tactics, however, generally does not render the assistance of counsel ineffective. State v. Thacker, 301 N.C. 348, 271 S.E. 2d 252 (1980); State v. Robinson, 290 N.C. 56, 224 S.E. 2d 174 (1976).\nWe do not propose to review completely the details of defendant\u2019s pretrial relationship with his court-appointed counsel; suffice it to say that defendant\u2019s complaints about him are based on matters of law and trial tactics \u2014 matters in which counsel is specially trained. The record reveals that defendant was confused about the nature of the charge against him. Regarding the effectiveness of defendant\u2019s court-appointed counsel, the following colloquy took place when the trial judge heard defendant on a motion for speedy trial:\nCOURT: Well, do you have anything else to say to the Court?\nDEFENDANT: No sir. I\u2019m completely dissatisfied with Mr. Harrell\u2019s representation. He\u2019s never questioned me about this charge or about any witness to appear in my behalf.\nCOURT: Do you want to appear in your own behalf, then, without Mr. Harrell?\nDEFENDANT: I don\u2019t think I\u2019m qualified without the opportunity to use the law library.\nCOURT: I don\u2019t think you are either. If you\u2019ll have a seat, we\u2019ll call this case for trial, as soon as we get a jury.\nNothing in the record indicates the conflicts were in any way the fault of counsel; rather, it appears they could have been reconciled with the cooperation of defendant. Under these circumstances, we do not find that the trial judge abused his discretion by denying defendant\u2019s motion to replace his court-appointed counsel and proceeding with the trial.\nIt is not error for the trial judge to consider defendant\u2019s complaints about his court-appointed counsel without a formal hearing when defendant makes his \u201cwishes and opinions known frequently and vociferously.\u201d State v. Sweezy, supra at 373, 230 S.E. 2d at 529. Here, the judge clearly was made aware of those complaints.\nFor the reasons stated above, in defendant\u2019s trial, we find\nNo error.\nJudges HEDRICK and Becton concur.", "type": "majority", "author": "HILL, Judge." } ], "attorneys": [ "Attorney General Edmisten, by Assistant Attorney General Lemuel W. Hinton, for the State.", "Appellate Defender Adam Stein, by Assistant Appellate Defender Malcolm R. Hunter, Jr., for defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ANTHONY ARMISTEAD BOWEN\nNo. 8128SC873\n(Filed 2 March 1982)\n1. Conspiracy \u00a7 4.1\u2014 sufficiency of indictment\nAn indictment which charged that defendant conspired with another person to obtain certain tools and equipment from a store by means of forging a signature to a purchase order, set forth the purpose and object of defendant and the other person, and was sufficient to apprise defendant of the charge of conspiracy.\n2. Constitutional Law \u00a7 46\u2014 effective assistance of counsel\nThe trial judge did not err in denying defendant\u2019s motion to replace his court-appointed counsel where defendant complained that his relationship with his court-appointed counsel had deteriorated, and where defendant\u2019s complaints about his counsel were based on matters of law and trial tactics.\nAPPEAL by defendant from Thornburg, Judge. Judgment entered 2 April 1981 in Superior Court, BUNCOMBE County. Heard in the Court of Appeals 2 February 1982.\nDefendant was charged as follows:\n[Defendant] did unlawfully, wilfully, and feloniously conspire with Richard Keith Garren to feloniously, knowingly and designedly with the intent to cheat and defraud obtain [certain equipment and tools] from Village True Value Hardware, Inc.without making proper compensation or bona fide arrangements for compensation. This property was obtained by means of forging a signature to a purchase order . . . from Stroupe Sheet Metal Works, Incorporated, . . . and obtaining the [equipment and tools] from Village True Value Hardward, Inc., having bill charged to Stroupe Sheet Metal Works, Incorporated, without their consent. The pretense made was calculated to deceive and did deceive . . ..\nHe was found guilty of conspiracy, as charged. Defendant appeals from a judgment of imprisonment.\nAttorney General Edmisten, by Assistant Attorney General Lemuel W. Hinton, for the State.\nAppellate Defender Adam Stein, by Assistant Appellate Defender Malcolm R. Hunter, Jr., for defendant-appellant." }, "file_name": "0210-01", "first_page_order": 242, "last_page_order": 246 }