IN THE NORTH CAROLINA GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA
v.
CHAUNCY ASKEW,
Defendant.

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COUNTY of COLUMBUS
17 CrS 52984

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TRANSCRIPT, Volume I of I
Tuesday, August 14, 2018
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August 13, 2018, Criminal Docket Management Session
The Honorable Douglas B. Sasser, Judge Presiding
Transcript of Plea
APPEARANCES:
Cathi Radford, ADA
110 Courthouse Square
Whiteville, NC 28472
On behalf of the State
Harold G. Pope, Attorney at Law
WRIGHT, WORLEY, POPE, EKSTER & MOSS, PLLC
706 N. Madison Street
Whiteville, NC 28472
On behalf of the Defendant
____________________________________________________________
Karen J. Turnage, RPR
Official Court Reporter - District 13A Resident
Post Office Box 277
Dunn, NC 28335

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Transcript of plea.......................................3

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KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

MS. RADFORD:

10:27:04 1
10:27:06 2

Judge, line 2, this is Chauncy

Mr. Pope, how is your client pleading to one count
of felony breaking and entering of a motor vehicle?
MR. POPE:

10:27:17 5
10:27:19 6

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Askew, 17 CrS 52984.

10:27:10 3
10:27:14 4

Transcript of plea

He pleads to that one count pursuant to

this transcript of plea, Your Honor.

10:27:20 7

If I may approach the bench, I'll hand that up.

10:27:24 8

THE COURT:

10:27:24 9

(Mr. Pope approached bench)

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THE COURT:

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Yes, sir.

Mr. Askew, stand up; place your left

hand on the Bible, raise your right as best you can.

10:27:35 12

(Whereupon, the defendant was first duly sworn.)

10:27:45 13

THE COURT:

I'm going to ask you a series of

10:27:47 14

questions.

A lot of those will be "yes" or "no" answers.

10:27:49 15

Don't just nod your head.

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answers; so, again, make sure you speak up loud; all right?

10:27:55 17

THE DEFENDANT:

10:27:55 18

THE COURT:

10:27:56 19

THE DEFENDANT:

10:27:57 20

THE COURT:

She has to record all your

Yes, sir.

Yes, sir.

Sir, you are Chauncy Askew?
Yes, sir.

Mr. Askew, do you understand you have

10:27:59 21

the right to remain silent and that any statement you make

10:28:01 22

may be used against you?

10:28:02 23

THE DEFENDANT:

10:28:03 24

THE COURT:

10:28:04 25

Yes, sir.

At what grade level can you read and

write?

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

10:28:05 1

THE DEFENDANT:

10:28:05 2

THE COURT:

Eighth.

Are you now under the influence of

10:28:07 3

alcohol, drugs, narcotics, medicines, pills, or any other

10:28:11 4

such substance?

10:28:12 5

THE DEFENDANT:

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THE COURT:

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No, sir.

And when was the last time you used or

consumed any such substance?

10:28:18 8

THE DEFENDANT:

10:28:20 9

THE COURT:

10:28:22 10

THE DEFENDANT:

10:28:23 11

THE COURT:

A while ago.

You don't take any type of medication?
No, sir.

And do you feel like your mind is

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clear, and do you understand what you're doing here in court

10:28:27 13

today?

10:28:28 14

THE DEFENDANT:

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THE COURT:

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Has Mr. Pope explained the charges to

you?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Yes, sir.

Do you understand the nature of the

charges?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

And do you understand what the State

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would have to prove for you to be found guilty of the

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charges?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Have you and Mr. Pope discussed

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18
10:28:39 1

Transcript of plea

possible defenses, if any, to the charges?

10:28:42 2

THE DEFENDANT:

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THE COURT:

Yes, sir.

And are you satisfied with your

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lawyer's legal services?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Do you understand you have the right

to plead not guilty and be tried by a jury?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Do you understand at a trial you have

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the right to confront and to cross-examine the witnesses

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against you?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

And also to present witnesses and

evidence on your own behalf?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

And you realize by entering this plea

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you give up these and other valuable constitutional rights

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in regards to a jury trial?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Now, do you understand upon your plea

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of guilty there will be limitations as to your right to

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appeal?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

And if there's any DNA or biological

evidence associated with your case, that your plea may limit

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18
10:29:18 1

Transcript of plea

how long that evidence will be preserved?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Under this plea agreement, do you

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understand you're pleading guilty, pursuant to Alford, to

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the felony of breaking or entering a motor vehicle?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Do you understand that charge carries

a maximum possible sentence of 24 months in prison?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Do you understand that based upon your

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prior record level, your actual exposure is somewhat less

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than that?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

And do you now personally plead guilty

to that charge?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Do you consider it to be in your best

interest to plead guilty to that charge?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

And do you understand, upon your

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Alford guilty plea, you'll be treated as being guilty

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whether or not you admit that you're in fact guilty?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

And the condition of the plea

agreement is:

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

sentence.

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And is that --

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MS. RADFORD:

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THE COURT:

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MS. RADFORD:

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THE COURT:

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You plead guilty; you'll receive an active

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Transcript of plea

It's a mitigated sentence, Judge.

It is mitigated?
It is.

All right.

Mitigated sentence of 4

months minimum to 14 months maximum.

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What is the mitigating factor?

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MS. RADFORD:

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THE COURT:

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MS. RADFORD:

No. 15.

Pardon?
No. 15.

When he was questioned

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early on by investigators from the Chadbourn Police

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Department, he was giving the information that they were

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asking for.

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THE COURT:

Actually, No. 11, I think.

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MS. RADFORD:

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THE COURT:

11; I'm sorry.

And the State is going to dismiss

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several other pending charges against you, and you'll

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receive credit for time already served awaiting hearing.

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And the sentence is 4 months minimum to 14 months maximum.

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Do you understand that?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Is that correct as being all the terms

and conditions of your plea agreement?

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

10:30:36 1

THE DEFENDANT:

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THE COURT:

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Yes, sir.

And do you now personally accept those

terms and conditions?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Other than those terms and conditions,

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has anyone made any promises or threatened you in any way to

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cause you to enter this plea against your wishes?

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THE DEFENDANT:

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THE COURT:

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Do you enter the plea of your own free

will, fully understanding what you're doing?

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THE DEFENDANT:

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THE COURT:

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your plea?
THE DEFENDANT:

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THE COURT:

Yes, sir.

And consent to the State summarizing

the evidence in regards to a factual basis?

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THE DEFENDANT:

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THE COURT:

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Level II.

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to see those?

Yes, sir.

Prior Record Level, I mentioned Record

Several prior convictions.

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Do you agree there's facts to support

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No, sir.

You've had a chance

Yes, sir.

Do you acknowledge that those

convictions are in fact your convictions?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

And I've been asking questions from a

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

10:31:11 1

plea form.

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together?

Have you and Mr. Pope gone over that form

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THE DEFENDANT:

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THE COURT:

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

And have you seen all the answers that

are filled in?
THE DEFENDANT:

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THE COURT:

Yes, sir.

And are those answers all true and

accurate, to the best of your knowledge?

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THE DEFENDANT:

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THE COURT:

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Yes, sir.

Have you read all the questions?

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Yes, sir.

And, Mr. Askew, is that your signature

on the third page?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Do you have any questions about what

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I've said to you or about anything else connected with your

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case?

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THE DEFENDANT:

No, sir.

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THE COURT:

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Factual basis from the State.

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MS. RADFORD:

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Had this matter gone to trial, you would have

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heard evidence that on or about the dates listed in the

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indictment, which were October 12, 2017, through an

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investigation for the Chadbourn Police Department, here in

You may have a seat.

Yes, sir.

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

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10:32:02 1

Columbus County, for some breaking and enterings in some

10:32:07 2

vehicles that were being done around the area, that the

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defendant in this case unlawfully, willfully, and

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feloniously did break and enter a motor vehicle, which was a

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gray four-door Honda Accord, owned by Delbert Junior Kellan,

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which contained things of value, with the intent to take a

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larceny therein, and items were removed from the cars.
Judge, this was an investigation involving several

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people for the breaking and enterings into the vehicles

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around the Chadbourn area.

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other individuals, were arrested and charged.
And that would have been the showing for the

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Mr. Askew, along with several

State.
THE COURT:

Mr. Pope, anything regarding the

factual basis?

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MR. POPE:

No, sir.

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THE COURT:

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Mr. Askew, the Court finds there is a factual

Mr. Askew, stand up, sir.

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basis for the entry of your plea, that you're satisfied with

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your lawyer's legal services, and that you are competent to

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stand trial in this matter.

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not submitting any aggravating factors and is stipulating to

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a finding in mitigation that you assisted law enforcement at

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an early stage in the proceedings.

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parties have stipulated that you are Record Level II for

The Court finds the State is

The Court also finds the

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

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10:33:11 1

felony sentencing purposes.

The Court finds the plea is the

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informed choice of the defendant and is made freely,

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voluntarily, and understandingly.

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hereby accepted by the Court and is ordered recorded.

The defendant's plea is

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Mr. Pope, anything regarding sentencing?

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MR. POPE:

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I went out last night and met with Mr. Askew

Just briefly, Your Honor.

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again -- I've enjoyed talking to him; you know, I've seen a

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change in him since -- he's been in jail about 10 months --

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and went over the transcript again with him last night and

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again this morning.
I can't tell him when he'll be released.

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He's

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pleading to 4 to 14 months.

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telling him he'll be home soon.

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they'll send him to DOC or not with just that little bit of

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time.

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THE COURT:

He's done about 10 months.

I'm

I don't know whether

I would anticipate probably get him

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done today, about Thursday ship everybody to Central Prison

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for processing; so probably a couple more days, go to

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Central, get processed, and then they can decide.

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think they're pretty quickly going to move him on to

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post-release supervision.

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MR. POPE:

I would

That's what I was telling him, it works

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pretty quick, but I can't tell him exactly when it will be.

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Of course, when I was assigned to the case, he was charged

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

12

10:34:18 1

with a kidnapping, a robbery with a dangerous weapon,

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serious charges.

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To his credit, he, on his own, went downtown

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Chadbourn to the police department and met voluntarily with

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Detective Spivey at the time, and that's one of the reasons

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why I think we were able to work out this plea for him.

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But I'm hoping he'll be home pretty soon, and I'm
hoping this has gotten his attention.

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THE COURT:

Anything from the State regarding

sentencing?

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MS. RADFORD:

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THE COURT:

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MR. POPE:

I have 17 hours; that's $1,275, Your

THE COURT:

Acknowledge your lawyer has got at

10:34:46 14
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No, Judge.

Mr. Pope, how much time in the case?

Honor.

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least 17 hours in your case, sir?

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THE DEFENDANT:

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THE COURT:

Yes, sir.

All right.

In File No. 17 CrS 52984,

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the defendant having pled guilty, pursuant to Alford, to

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breaking or entering a motor vehicle, it's the order of the

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Court he's found guilty of that offense; Class I/Level II.

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The Court will find in mitigation that he's admitted

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responsibility to law enforcement at an early stage in the

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proceeding; will sentence from the mitigated range a minimum

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of 4 months/corresponding maximum of 14 months in the

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18
10:35:22 1

Transcript of plea

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Department of Corrections.

10:35:22 2

Counsel, is he refusing probation?

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THE DEFENDANT:

10:35:34 4

MR. POPE:

10:35:36 5

THE COURT:

Sir?

Yes, sir.

Well, let me --

Here's the situation.

I think under

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Class I/Level II, that's not an active block; so

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technically, I can't send him to DOC.

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However, I would have to put you on probation.

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According to Mr. Pope, at this point you've already got

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pretty much time credit served.

Here's the difference.

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I'm going to go ahead and make sure he's aware.

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MR. POPE:

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THE COURT:

Yes, sir.
If you told me you want probation,

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you're going to walk out of jail today, but you're going to

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be on probation for a period of time.

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Let me ask this.
block.

Is the requirement -- that's a C

I think I can do unsupervised probation with it.

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MS. RADFORD:

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THE COURT:

I believe you could.

Would the State have any objection --

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considering he's got 10 months in, would the State have any

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objection if I -- instead of doing the active sentence, if I

10:36:39 22

gave a probationary sentence with unsupervised probation in

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this matter?

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MS. RADFORD:

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MR. POPE:

Judge, leave it in your discretion.

He would appreciate that, Your Honor.

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea
THE COURT:

10:36:46 1

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Like I said, he admitted

10:36:47 2

responsibility, and he's done 10 months, and hopefully he's

10:36:50 3

learned something from this.
If the State has no objection to it, then I will

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10:36:54 5

modify it a little bit.
I'm going to put you on probation, on unsupervised

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10:36:58 7

probation in this matter; that gets you out of jail today.

10:37:01 8

THE DEFENDANT:

10:37:01 9

THE COURT:

10:37:03 10

THE DEFENDANT:

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MR. POPE:

Yes, sir.

Are you good with that?
Yes, sir.

It's unsupervised; you don't have a

10:37:06 12

probation officer.

But you can't break the law.

10:37:08 13

break the law, you're going to be right back in here again.

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THE DEFENDANT:

10:37:10 15

MR. POPE:

10:37:11 16

THE COURT:

10:37:12 17

If you

Yes, sir.

Thank you very much, Your Honor.
And I'm not going to see you anymore;

right?

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THE DEFENDANT:

10:37:13 19

THE COURT:

No, sir.

Okay.

No, sir.

So modification on that

10:37:20 20

sentence, the Court finds in this matter, will sentence 4 to

10:37:25 21

14 months; I will suspend that; 24 months unsupervised

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probation.

10:37:36 23

attorney's fees as a civil judgment in this matter.

10:37:42 24

And the attorney's fees, 17 hours, again?

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MR. POPE:

The Court will enter the costs of court and

Yes, sir; $1,275.

KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 8/14/18

Transcript of plea

15

10:37:48 1

THE COURT:

As a civil judgment.

10:37:50 2

All right.

Thank you, folks.

10:37:52 3

MR. POPE:

He wants you to know that he's trying

10:37:54 4

to get in the Job Corps.

He was being housed in Brunswick

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County Jail, and they gave him an application.

10:38:01 6

didn't know what the Court could do about that, but it's

10:38:04 7

something he wanted you to know about.
Well, good.

I told him I

10:38:06 8

THE COURT:

I wish him luck.

10:38:08 9

MR. POPE:

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(Whereupon, the proceedings concluded at

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10:38 A.M.)

Thank you very much, Your Honor.

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KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident

 16
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COURT REPORTER'S CERTIFICATE

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I, Karen J. Turnage, RPR, certify that I recorded

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by stenotype the transcript of proceedings in captioned

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cause, taken in the General Court of Justice, Superior Court

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Division, Columbus County, Whiteville, North Carolina, at

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the August 13, 2018, Criminal Docket Management Session,

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before the Honorable Douglas B. Sasser, Judge Presiding.

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I further certify that to the best of my knowledge

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and belief, the foregoing transcript constitutes a true and

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correct transcript of the said proceedings.

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Given under my hand this 9th day of November,
2018.

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________________________

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Karen J. Turnage, RPR
District 13A Resident
PO Box 277
Dunn, NC 28335

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KAREN J. TURNAGE, RPR
Official Court Reporter
District 13A Resident