State v. Sorrow, 213 N.C. App. 571

Defendant pled guilty to malicious conduct by a prisoner and resisting a public officer on 8 May 2008; judge sentenced to 20–24 months, suspended, with 36 months supervised probation.
Probation violations were alleged in a 13 November 2009 report; the court found a violation on 4 February 2010 but did not revoke probation.
On 2 June 2010, the court amended probation, extending it 12 months and requiring completion of Recovery Ventures, a 24-month program.
A second violation was alleged on 16 June 2010 due to termination from Recovery Ventures for rule violations.
On 28 June 2010, defendant signed a Waiver of Counsel (AOC-CR-227) that the court did not certify; the probation revocation hearing occurred on 9 August 2010 with defendant proceeding pro se after a brief colloquy, and he admitted the violation.
The court revoked probation and activated the suspended sentence after certifying a second waiver; defendant challenged the use of waivers, arguing § 15A-1242 requirements were not satisfied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the waiver of counsel at probation revocation complied with § 15A-1242.	State contends waiver complied; waiver was certified and defendant understood proceedings.	Sorrow argues the required thorough inquiry under § 15A-1242 was not conducted; waiver not knowing or voluntary.	Waiver failed § 15A-1242 thorough inquiry; vacate and remand for new hearing.

State v. Evans, 153 N.C.App. 313 (2002) (right to counsel and waiver standards at probation hearings; need thorough inquiry)
State v. Moore, 362 N.C. 319 (2008) (thorough § 15A-1242 inquiry required before waivers; not just formality)
State v. Thomas, 331 N.C. 671 (1992) (necessity of knowing, intelligent, voluntary waiver after thorough inquiry)
State v. Pruitt, 322 N.C. 600 (1988) (mandatory inquiry under § 15A-1242; prejudicial error if omitted)
State v. Warren, 82 N.C.App. 84 (1986) (written waiver and certification; record must show knowing, intelligent waiver)
State v. Whitfield, 170 N.C.App. 618 (2005) (court-completed inquiry showing understanding of consequences and right to counsel; waiver valid when shown)
State v. Thacker, 301 N.C. 348 (1980) (standard for knowing and voluntary waiver under 15A-1242)