State v. Hunnicutt
226 N.C. App. 348
| N.C. Ct. App. | 2013Background
- Defendant was indicted in Guilford County and Alamance County in 2010 on multiple offenses; he pled guilty with suspended sentences and probation in six cases, with supervision transferred to Guilford County where he resided.
- In 2011, Guilford County found Defendant in willful violation of probation conditions in three cases; minor modifications were made, but judgments otherwise remained in effect.
- On 26 December 2011, six Violation Reports were issued charging two probation-violation conditions: failure to report as directed and remaining within the jurisdiction unless permitted to leave.
- A revocation hearing on 23 March 2012 led the court to find willful violations and to revoke probation, activating sentences totaling 34–44 months.
- The written judgments contained a clerical error by marking an absconding condition that did not apply to the pre-December 1, 2011 offenses; the court remanded to correct this clerical error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked jurisdiction due to facially defective indictments | State | HunHunt (Hunhicut?) argues lack of jurisdiction due to defective indictments | Appeal dismissed on this issue; challenge deemed impermissible collateral attack. |
| Validity of the probation-absconding condition | State | Defendant asserts absconding condition never imposed or noticed | Absconding as a regular probation condition existed; clerical error remanded for correction; absconding issue upheld on record. |
| Whether activation of the sentence was an abuse of discretion | State | Activation was unreasonable for minor violations | No abuse of discretion; single valid violation sufficed to activate the sentence. |
| Effect of JRA changes on pre-existing probation conditions | State | JRA should retroactively affect pre-December 2011 violations | JRA changes do not control pre-December 2011 offenses; activation upheld. |
Key Cases Cited
- State v. Moses, 154 N.C. App. 332 (2002) (validity of indictments; jurisdiction for felony prosecutions)
- State v. Jamerson, 161 N.C. App. 527 (2003) (preservation and collateral attack on judgments)
- State v. Absher, 329 N.C. 264 (1991) (preservation of jurisdictional challenges; collateral review limits)
- State v. Noles, 12 N.C. App. 676 (1971) (permissible collateral attack limitations on appeals from probation activations)
- State v. Wallace, 351 N.C. 481 (2000) (indictment challenges; timing of challenges to defective indictments)