State v. Bryant

Court of Appeals of North Carolina
State v. Bryant, 326 S.E.2d 910 (1985)
73 N.C. App. 647; 1985 N.C. App. LEXIS 3319
Phillips, Webb, Martin

State v. Bryant

Opinion

PHILLIPS, Judge.

The only question presented by this appeal is whether the order revoking defendant’s probation has the evidentiary support that the law requires. Relying upon the paucity of the State’s evidence, which established only defendant’s failure to make the payments ordered, defendant contends that the order is without support since the evidence does not show that he was able to make the payments. If this was a civil case and defendant had been found in civil contempt for not making the payments ordered, his point would be well taken. Brower v. Brower, 70 N.C. App. 131, 318 S.E. 2d 542 (1984). But in a criminal proceeding to revoke probation if a defendant fails to offer evidence of his inability to comply with the probationary terms, evidence establishing his non-compliance is sufficient to justify a finding that the failure was wilful or without lawful excuse. State v. Young, 21 N.C. App. 316, 204 S.E. 2d 185 (1974).

Affirmed.

Judges Webb and Martin concur.

Reference

Full Case Name
State of North Carolina v. Michael Bryant
Cited By
1 case
Status
Published