State v. Forte, 260 N.C. App. 245

Background

Defendant Jimmy Lee Forte, Jr. was tried for multiple break‑ins and related thefts after police found firearms, jewelry, coins, and other items at/under a shed at his mother's residence and in the attic; he gave a signed oral statement admitting several burglaries and explaining drug use as motive.
At trial defense counsel Smith moved to withdraw for "irreconcilable differences" and, after extensive interruptions and refusal to cooperate by Defendant, the trial court found Defendant had forfeited his right to court‑appointed counsel and appointed Smith as standby counsel.
The jury convicted Defendant on multiple counts: seven counts of larceny of a firearm (later treated as eight in sentencing issues), several breaking‑and‑entering and larceny‑after‑breaking‑and‑entering counts, possession of a firearm by a felon, breaking into a motor vehicle, misdemeanor larceny, and found habitual felon status.
The trial court consolidated certain counts and imposed lengthy sentences, some enhanced by habitual felon status; Defendant appealed.
The State conceded that multiple larceny convictions based on property taken in a single continuous transaction were over‑charged. The parties disputed (1) whether the court properly allowed forfeiture of counsel, (2) whether multiple larceny counts should stand, (3) a claimed fatal variance on the misdemeanor larceny indictment, and (4) the validity of the habitual‑felon indictment.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument	Held
1) Did the court err in permitting Defendant to proceed without counsel (forfeiture/pro se inquiry)?	Court properly found forfeiture by conduct; §15A‑1242 inquiry not required because Defendant did not validly waive counsel.	Court erred: Defendant did not knowingly waive counsel and trial court should have conducted §15A‑1242 colloquy before permitting self‑representation.	Forfeiture upheld. Court found Defendant willfully obstructed counsel and the proceedings, thus forfeiting right to appointed counsel; no §15A‑1242 colloquy required.
2) Were multiple felony larceny convictions proper where items were taken in one transaction?	(State concedes) Multiple counts improper when property stolen in one continuous transaction.	Multiple counts improperly charged; only one larceny per continuous transaction.	Vacated seven of eight felony larceny convictions; remand for sentencing on one count.
3) Fatal variance between misdemeanor larceny indictment (owner named) and proof at trial (checkbook belonged to business)?	Proof established victim (Cox) had a special property interest in the checkbook despite corporate/biz ownership, so indictment was sufficient.	Indictment charged property belonging to Glenn F. Cox; proof showed it was company property—fatal variance requiring dismissal.	Court exercised Rule 2 and rejected variance claim: sufficient evidence that Cox had exclusive possession/special property interest; conviction stands.
4) Was the habitual‑felon indictment fatally defective?	Indictment complied with statute; prior convictions properly alleged.	Indictment mis‑alleged offense and conviction dates (alleged one offense but gave conviction date for a different offense), making it facially defective.	Vacated habitual‑felon enhancement. Court followed State v. Langley and found the indictment failed to allege offense dates matching the convictions as required.

Key Cases Cited

United States v. Cronic, 466 U.S. 648 (constitutional right to counsel principles)
Gideon v. Wainwright, 372 U.S. 335 (right to appointed counsel for indigent defendants)
State v. Adams, 331 N.C. 317 (single larceny where multiple items stolen in one continuous transaction)
State v. Langley, 803 S.E.2d 166 (habitual‑felon indictment must allege offense and conviction dates that correspond to the same prior offense)
State v. Boykin, 78 N.C. App. 572 (vacating multiple larceny convictions when items stolen in one transaction)
State v. Blakeney, 245 N.C. App. 452 (forfeiture of counsel doctrine; outlines severe misconduct warranting forfeiture)