State v. Hall

Court of Appeals of North Carolina

State v. Hall

586 S.E.2d 561, 160 N.C. App. 593, 2003 N.C. App. LEXIS 1836

CourtCourt of Appeals of North Carolina

DecidedOctober 7, 2003

DocketCOA02-1552

StatusPublished

Cited by6 cases

This text of 586 S.E.2d 561 (State v. Hall) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hall, 586 S.E.2d 561, 160 N.C. App. 593, 2003 N.C. App. LEXIS 1836 (N.C. Ct. App. 2003).

Pincite

Opinion

WYNN, Judge.

Under State v. Camp, 299 N.C. 524, 528, 263 S.E.2d 592, 594-95 (1980), to revoke a defendant’s probation after the period of probation has expired, the trial court must find “that the State had ‘made reasonable effort... to conduct the hearing earlier.’ ” (citing N.C. Gen. Stat. § 15A-1344(f)) 1 . In this case, although defendant’s probation period ended on 17 May 2002, the trial court conducted a hearing on 19 August 2002 — after the expiration of defendant’s period of probation and suspension. Because the record shows that the trial court did not make any findings (nor is there evidence in the record to support such findings) that the State made reasonable effort to *594 conduct the hearing earlier, we are compelled by State v. Camp to hold that “jurisdiction was lost by the lapse of time and the court had no power to enter a revocation judgment against defendant.” Id. Accordingly, as in Camp, the judgment appealed from is arrested and defendant is discharged.

Judgment arrested.

Judges TYSON and LEVINSON concur.

1

. N.C. Gen. Stat. § 15A-1344(f) provides:

Revocation after Period of Probation. — The court may revoke probation after the expiration of the period of probation if:

(1) Before the expiration of the period of probation the State has filed a written motion with the clerk indicating its intent to conduct a revocation hearing; and

(2) The court finds that the State has made reasonable effort to notify the probationer and to conduct the hearing earlier.

Free access — add to your briefcase to read the full text and ask questions with AI

WYNN, Judge.

Under State v. Camp, 299 N.C. 524, 528, 263 S.E.2d 592, 594-95 (1980), to revoke a defendant’s probation after the period of probation has expired, the trial court must find “that the State had ‘made reasonable effort... to conduct the hearing earlier.’ ” (citing N.C. Gen. Stat. § 15A-1344(f)) 1 . In this case, although defendant’s probation period ended on 17 May 2002, the trial court conducted a hearing on 19 August 2002 — after the expiration of defendant’s period of probation and suspension. Because the record shows that the trial court did not make any findings (nor is there evidence in the record to support such findings) that the State made reasonable effort to *594 conduct the hearing earlier, we are compelled by State v. Camp to hold that “jurisdiction was lost by the lapse of time and the court had no power to enter a revocation judgment against defendant.” Id. Accordingly, as in Camp, the judgment appealed from is arrested and defendant is discharged.

Judgment arrested.

Judges TYSON and LEVINSON concur.

1

. N.C. Gen. Stat. § 15A-1344(f) provides:

Revocation after Period of Probation. — The court may revoke probation after the expiration of the period of probation if:

(1) Before the expiration of the period of probation the State has filed a written motion with the clerk indicating its intent to conduct a revocation hearing; and

(2) The court finds that the State has made reasonable effort to notify the probationer and to conduct the hearing earlier.

Cite This Page — Counsel Stack

Bluebook (online)

586 S.E.2d 561, 160 N.C. App. 593, 2003 N.C. App. LEXIS 1836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-ncctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack