State v. Moore

The Supreme Court modified and affirmed the decision of the court of appeals concluding that Defendant received adequate notice of his probation revocation hearing pursuant to N.C. Gen. Stat. 15A-1345(e). The trial court revoked Defendant’s probation and activated suspended sentences for crimes Defendant committed in August and September 2012. Defendant appealed, arguing that the probation violation reports filed by the State relating to Defendant’s probation for the August and September crimes, arguing that they did not give him adequate notice because they did not specifically state the condition of probation that Defendant allegedly violated. The court of appeals affirmed. The Supreme Court upheld the revocation of Defendant’s probation, holding (1) the “statement of the violations alleged” requirement in section 15A-1345(e) is satisfied by a statement of the actions that a defendant has allegedly taken that constitute a violation of a condition of probation; and (2) the probation violation reports in this case included a list of the criminal offenses that Defendant allegedly committed, and that list provided a statement of alleged acts by Defendant that, if proved, would violate a probation condition, as required by section 15A-1345(e). View "State v. Moore" on Justia Law

Posted in: Criminal Law

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