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818 S.E.2d 102

State v. Krider

Supreme Court of North Carolina

Decided September 21, 2018

Supreme Court of North Carolina · decided 2018-09-21

Whether the trial court erred in revoking defendant's probation under N.C.G.S. 15A-1344(f) after his probationary term expired whether the State presented sufficient evidence that defendant willfully absconded probation in violation of N.C.G.S. 15A-1343(b)(3a) and whether the trial court abused its discretion in making that finding.

Cited by 3 later decisions — most recently March 2019

3 state decisions

Relies on 258 N.C. App. 111 - State v. Krider

Good law ✅— No negative treatment on recordhow we know

Decided 2018-09-21

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PER CURIAM.

¶1 As to the issue of whether the evidence in this case could support a determination that defendant violated N.C.G.S. § 15A-1343(b)(3a), we hold that the State failed to carry its burden of presenting sufficient evidence to support the trial court's decision to revoke defendant's probation based upon a finding that defendant willfully absconded probation. Accordingly, we affirm the decision of the Court of Appeals; however, we disavow the portion of the opinion analyzing the pertinence of the fact that defendant's probationary term expired prior to the date of the probation violation hearing and holding "that the trial court lacked jurisdiction to revoke defendant's probation after his case expired." State v. Krider , --- N.C. App. ----, ----, 810 S.E.2d 828 , 833 (2018).

¶2 MODIFIED and AFFIRMED.

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