State v. Lee
232 N.C. App. 256
| N.C. Ct. App. | 2014Background
- Defendant Travis Lee, indicted in Harnett County in 2012 for property/vehicle offenses; pled guilty to larceny of a motor vehicle on 24 September 2012 and received a 10–12 month sentence suspended for 24 months of probation.
- On 17 January 2013, a Sampson County probation violation report alleged four probation violations.
- On 2 April 2013, a Sampson County Superior Court found violations 1–4, revoked probation, and sentenced 8–10 months imprisonment.
- Defendant filed a written notice of appeal on 12 April 2013.
- The Court identifies clerical errors in the judgment and remands for correction.
- Judgment form deficiencies prompted remand for proper findings and documentation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over probation revocation | State argues residence in Sampson County; proper district under 15A-1344(a) | Lee contends Sampson County was not the correct district for probation | Trial court had jurisdiction; residence in Sampson County supports jurisdiction |
| Adequacy of notice for revocation based on a new offense | Violation report identified revocation-eligible offense with specifics | Charges alone do not establish a new offense to revoke probation | Notice was adequate to support revocation; revocation-eligible violation identified |
| Clerical errors and sufficiency of findings | Record shows sufficient grounds; clerical form errors not fatal | Findings of fact incomplete; need proper box checks and references | Judgment contains clerical errors; remand for corrected findings and form |
Key Cases Cited
- State v. Guffey, 253 N.C. 43 (1960) (conviction/plea required for certain revocation activations)
- State v. Monroe, 83 N.C. App. 143 (1986) (evidence may support a new offense finding)
- State v. Debnam, 23 N.C. App. 478 (1974) (evidence of a new offense beyond charges can support revocation)
- State v. Hubbard, 198 N.C. App. 154 (2009) (notice must allow defense and protect against second hearing)
- State v. Williamson, 61 N.C. App. 531 (1983) (court must provide written findings and reasons for revocation)