State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-980

§15A‑980.  Right to suppress use of certain prior convictions obtained inviolation of right to counsel.

(a)        A defendant has theright to suppress the use of a prior conviction that was obtained in violationof his right to counsel if its use by the State is to impeach the defendant orif its use will:

(1)        Increase the degreeof crime of which the defendant would be guilty; or

(2)        Result in a sentenceof imprisonment that otherwise would not be imposed; or

(3)        Result in alengthened sentence of imprisonment.

(b)        A defendant who hasgrounds to suppress the use of a conviction in evidence at a trial or otherproceeding as set forth in (a) must do so by motion made in accordance with theprocedure in this Article. A defendant waives his right to suppress use of aprior conviction if he does not move to suppress it.

(c)        When a defendanthas moved to suppress use of a prior conviction under the terms of subsection(a), he has the burden of proving by the preponderance of the evidence that theconviction was obtained in violation of his right to counsel. To prevail, hemust prove that at the time of the conviction he was indigent, had no counsel,and had not waived his right to counsel. If the defendant proves that a priorconviction was obtained in violation of his right  to counsel, the judge mustsuppress use of the conviction at trial or  in any other proceeding if its usewill contravene the provisions of subsection (a). (1983, c. 513, s. 1.)