State v. Benfield

In State v. Benfield, 264 N.C. 75, 140 S.E.2d 706 (1965), the trial court indicated to defense counsel that "he (the judge) was of the opinion that the jury was going to convict the defendant, and, if so, he felt inclined to give him a long sentence[.]" Benfield, 264 N.C. at 76-77, 140 S.E.2d at 708. The court "gave counsel an opportunity to confer with defendant." Id. Defendant, who knew that his co-defendant had pleaded guilty and received a suspended sentence, changed his plea to guilty and when asked by the court indicated that the plea was freely made. Id. Our Supreme Court held that defendant changed his plea because of what the trial judge said and that it was not done voluntarily under the circumstances. Id.