State v. Simpson
State v. Simpson
Opinion of the Court
When this matter came on for hearing before Judge Ferrell on 5 February 1975, the defendant was not represented by
Defendant contends, and the State concedes, error in that defendant was not represented by counsel at the hearing on 5 February 1975 before Judge Ferrell. G.S. 15-200.1; State v. Atkinson, 7 N.C. App. 355, 172 S.E. 2d 249 (1970). While the record indicates that the defendant was represented by counsel at the hearing before Judge Thornburg on 18 November 1974, it is clear he was not represented by counsel at the continued hearing wherein Judge Ferrell revoked the probation. Indeed, the record strongly suggests that no meaningful hearing was really conducted by Judge Ferrell.
For the reasons stated the order revoking defendant’s probation is vacated and the cause is remanded to the superior court for further proceedings.
Vacated and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.