State v. Holder, 218 N.C. App. 422

Defendant Terry Holder was convicted by jury of driving while impaired and felony fleeing to elude arrest; he pled guilty to habitual felon status.
On appeal, Holder argues his Sixth Amendment right to effective assistance of counsel was violated when counsel conceded guilt without his voluntary consent.
Trial occurred after a dangerous chase where Deputy Ackley observed high speeds, traffic violations, and stop-sticks ultimately slowing Holder to a stop with a BAC of 0.11.
Prior to trial, defense counsel indicated possible concession of guilt to a lesser offense; colloquy confirmed Holder’s informed consent.
During closing, counsel conceded guilt to a lesser-included offense (misdemeanor fleeing) while arguing the State could not prove felony fleeing; the trial court questioned consent and ensured understanding of consequences.
The appellate court held the consent was knowing and voluntary, applied the per se Harbison standard only to the concession to a lesser offense, found no error, and remanded nothing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s concession of guilt violated Harbison due to lack of knowing consent	Holder	Holder claims no knowing consent; violation	No error; consent was knowing and voluntary

State v. Harbison, 315 N.C. 175 (1985) (per se ineffective assistance when counsel concedes guilt without consent)
State v. Alvarez, 168 N.C. App. 487 (2005) (consent requirements for concessions in trial strategy)
State v. Matthews, 358 N.C. 102 (2004) (facts must show defendant knew counsel would concede guilt)
State v. Berry, 356 N.C. 490 (2002) (no fixed procedure required for defendant consent)
State v. McDowell, 329 N.C. 363 (1991) (court must be satisfied of knowing consent before admissions)
State v. Goode, 197 N.C. App. 543 (2009) (seek fair trial with conceded guilt to lesser offense)