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State v. McCulloch

Court of Appeals of North Carolina

March 18, 2014

STATE OF NORTH CAROLINA
v.
JOHN DERRICK McCULLOCH

Heard in the Court of Appeals October 10, 2013.

Counsel Amended, March 18, 2014.

Wilkes County. Nos. 11 CRS 50057-61, 50065-67, 50499-506, 1078-1084. R. Stuart :Albright, Judge.

Attorney General Roy Cooper, by Assistant Attorney General Tiffany Y. Lucas, for the State.

Gerding Blass, PLLC, by Danielle Blass, for Defendant.

Attorney General Roy Cooper, by Assistant Attorney General Ms. Tiffany Y. Lucas, for the State.

Gerding Blass, PLLC, by Ms. Danielle Blass, Attorney at Law, for Defendant-Appellant.

ERVIN, Judge. Judges ROBERT N. HUNTER, JR., and DAVIS concur.

OPINION

Page 362

ERVIN, Judge.

Appeal by defendant from judgments entered 16 November 2012 by Judge R. Stuart Albright in Wilkes County Superior Court. Heard in the Court of Appeals 10 October 2013.

Defendant John Derrick McCulloch appeals from judgments revoking his probation and activating his suspended sentences based on a determination that he had willfully violated

Page 363

the terms and conditions of his probation without lawful excuse. On appeal, Defendant argues that the trial court lacked the authority to revoke his probation in certain of the cases which are before us at this time on the grounds that the jurisdictional prerequisites for taking that action had not been satisfied. After careful consideration of Defendant's challenges to the trial court's judgments in light of the record and the applicable law, we conclude that certain of the trial court's probation revocation judgments should be reversed.

I. Factual Background

A. Wilkes County Judgments


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