State v. Krider

Supreme Court of North Carolina
State v. Krider, 818 S.E.2d 102 (N.C. 2018)
Per Curiam

State v. Krider

Opinion

PER CURIAM.

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).

MODIFIED and AFFIRMED.

Reference

Full Case Name
STATE of North Carolina v. Jermel Toron KRIDER
Status
Published
Syllabus
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.