243 N.C. App. 198
N.C. Ct. App.2015Background
- Defendant Williams pleaded guilty to possession with intent to sell heroin and was placed on supervised probation on January 15, 2014.
- A July 9, 2014 probation-violation report alleged seven violations: failing to report, changing address without notifying officer, leaving the jurisdiction without permission (traveling to New Jersey), absconding, failing drug tests, and other missed contacts.
- A revocation hearing was held August 28, 2014; the trial court found all seven violations and activated Defendant's suspended sentence.
- The judgment form checked that each violation alone justified revocation but did not check the specific box required for revocation after December 1, 2011 (i.e., that revocation was based on committing a new crime, absconding, or two prior CRVs).
- The State did not argue the defendant committed a new crime or had two prior CRVs; it relied on general willfulness of violations. The Court of Appeals reviewed whether the evidence supported finding an "absconding" violation under N.C. Gen. Stat. § 15A-1343(b)(3a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported revocation based on absconding under § 15A-1343(b)(3a) | State: court reasonably found willful violations and may revoke probation | Williams: evidence only showed violations of reporting, residence, and travel conditions — not statutory absconding | Reversed: evidence did not support a § 15A-1343(b)(3a) absconding finding; revocation improper absent that finding or two prior CRVs |
Key Cases Cited
- State v. Nolen, 228 N.C. App. 203, 743 S.E.2d 729 (2013) (JRA limits revocation to new crimes, absconding, or after two prior CRVs)
- State v. Kornegay, 228 N.C. App. 320, 745 S.E.2d 880 (2013) (same principle restricting revocation power post-JRA)
- State v. Tindall, 227 N.C. App. 183, 742 S.E.2d 272 (2013) (distinguishing CRV from revocation for non-absconding violations)
- State v. Romero, 228 N.C. App. 348, 745 S.E.2d 364 (2013) (probation violations other than absconding/new crimes permit CRV but not revocation)
- State v. Hunnicutt, 226 N.C. App. 348, 740 S.E.2d 906 (2013) (use of term "abscond" historically referred to violations of reporting or residence conditions)
- State v. Freeman, 47 N.C. App. 171, 266 S.E.2d 723 (1980) (pre-JRA authority on revocation for willful violation)