State v. Gorman
221 N.C. App. 330
| N.C. Ct. App. | 2012Background
- June 3, 2005 guilty pleas in Onslow County; consolidated fraud-related counts and six- to eight-month and eight- to ten-month sentences; all sentences suspended and defendant placed on supervised probation for 60 months.
- Defendant extradited to New Jersey for pre-plea offenses; served five-year active NJ sentence (2005–2010).
- July 28, 2008 Onslow County orders extended probation by 36 months (to 2013) without clear notice/consent and reportedly beyond the five-year statutory maximum.
- December 2010 Davidson County probation violation report citing residence, reporting, and curfew violations; two arrest warrants issued in December 2010; defendant surrendered.
- February 8, 2011 probation violation hearing; Davidson County revived and activated suspended sentences consistent with 2005 judgments; defendant appeals challenging jurisdiction and validity of the 2008 extensions.
- Court remands for determination of tolling issue and whether revocation jurisdiction existed given possible tolling during New Jersey proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 28 July 2008 orders extended probation beyond statutory maximum. | State argues tolling/concurrent considerations support extension. | Gorman contends extension lacked statutory authority and notice. | Partial win: extensions void; remanded for tolling/jurisdiction issue. |
| Whether the 28 July 2008 orders were procedurally valid (notice/authority). | State asserts review per §15A-1342/d; proper notice. | Gorman argues lack of notice and lack of authority for extension beyond five years. | Orders void for lack of statutory authority and notice; vacated. |
| Whether probation period was tolled during resolution of New Jersey charges. | State maintains tolling under §15A-1344(g) (2009) or equivalent concept. | Record unclear; tolling not adequately shown; dispute about start/end of probation. | Remand to determine tolling extent and impact on revocation jurisdiction. |
| Whether Davidson County had jurisdiction to revoke probation for violations occurring after NJ proceedings. | State maintains authority to revoke within remaining period. | Gorman asserts lack of tolling/authorization due to NJ proceedings and expired original term. | Remand to address jurisdiction given tolling and timing of violations. |
Key Cases Cited
- State v. Webber, 190 N.C. App. 649 (2008) (jurisdictional review of probation compliance and statutory limits)
- State v. Reinhardt, 183 N.C. App. 291 (2007) (statutory limits on court jurisdiction over probation")
- Tucci v. Allred, 85 N.C. App. 138 (1987) (voidance doctrine when court acts beyond authority)
- State v. Satanek, 190 N.C. App. 653 (2008) (de novo review for probation revocation jurisdiction)
- State v. Henderson, 179 N.C. App. 191 (2006) (tolled probation during pending unrelated charges)
- State v. Patterson, 190 N.C. App. 193 (2008) (tolled probation during pending related appeals)
- State v. Surratt, 177 N.C. App. 551 (2006) (concurrent/consecutive consideration of probation with other sentences)