State v. Hendricks
858 S.E.2d 384
N.C. Ct. App.2021Background
- Wilbert Hendricks pled guilty to aggravated felony serious injury by vehicle, driving while impaired, and injury to real property; court imposed a suspended 29–47 month sentence and 60 months supervised probation with a 330-day active term as part of special probation.
- Defendant served the active time beginning October 7, 2014, and a brief 26-day sentence; the court treated the 330-day active term as part of the overall probationary period.
- The court calculated (and the opinion treats) the probationary period as beginning no later than November 3, 2014, making the 60-month term expire no later than November 3, 2019.
- Probation violation reports were filed on January 23, 2020 (and later on February 5 and February 25, 2020), all after the probationary term had expired.
- The trial court revoked probation and activated the suspended sentence on March 10, 2020; Defendant orally appealed. The State agreed the court lacked jurisdiction; the Court of Appeals vacated the revocation judgment for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the superior court had subject-matter jurisdiction to revoke probation when written violation reports were filed after the probationary period expired | The State conceded the written violation reports were filed after expiration, so the court lacked jurisdiction under N.C. Gen. Stat. § 15A-1344(f) | Hendricks argued the probation had expired before reports were filed, depriving the court of jurisdiction to revoke | Court held no jurisdiction; revocation judgment vacated because reports were not filed before probation expired under § 15A-1344(f) |
Key Cases Cited
- State v. Reinhardt, 183 N.C. App. 291 (2007) (trial court lacks jurisdiction to revoke probation after expiration except as provided in § 15A-1344(f))
- State v. Webber, 190 N.C. App. 649 (2008) (jurisdictional defects may be raised at any time)
- State v. Satanek, 190 N.C. App. 653 (2008) (statutory jurisdictional questions reviewed de novo)
- State v. Tincher, 266 N.C. App. 393 (2019) (vacatur of revocation judgment where court lacked jurisdiction)