372 N.C. 609
N.C.2019Background
- Billy Dean Morgan pled no contest to two counts of assault with a deadly weapon and received consecutive suspended sentences with 36 months supervised probation.
- Probation officer filed written violation reports before the probation term expired alleging failures to report, unpaid fees, absconding, and a new conviction; a felony probation-violation warrant issued while probation was active.
- Morgan’s probation term expired on 28 August 2016; a revocation hearing was held 12 days later on 9 September 2016, where counsel admitted multiple violations and the court announced it would revoke probation and activate the sentences.
- The written judgments revoking probation did not include an explicit finding that "good cause shown and stated" existed to revoke probation after the expiration of the probationary term.
- The Court of Appeals (majority) affirmed based on prior authority that a specific "good cause" finding may be inferred from the record; a dissent argued a statutory finding was required.
- The North Carolina Supreme Court granted review to decide whether N.C.G.S. § 15A-1344(f)(3) requires an express trial-court finding of "good cause shown and stated" to revoke probation after the probationary period has ended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court must make an explicit finding of "good cause shown and stated" under N.C.G.S. § 15A-1344(f)(3) before revoking probation after the probationary period expires | The State: no explicit finding required; good cause may be inferred from the hearing transcript and judgments | Morgan: statute requires the court to make an express factual finding that good cause exists and is stated on the record | The Court: statute’s plain language and precedent require an explicit court finding of good cause; revocation without that finding was error; remand for the required finding |
Key Cases Cited
- State v. Bryant, 361 N.C. 100, 637 S.E.2d 532 (2006) (trial court must make the specific statutory finding—evidence alone is insufficient)
- State v. Coltrane, 307 N.C. 511, 299 S.E.2d 199 (1983) (court must make express findings when statute conditions a right on a judicial finding)
- State v. Camp, 299 N.C. 524, 263 S.E.2d 592 (1980) (trial court may only revoke probation after its term expires as permitted by statute)
- State v. Regan, 253 N.C. App. 351, 800 S.E.2d 436 (2017) (Court of Appeals held good-cause finding may be inferred from record; partially overruled by this opinion)