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State v. Jacobs

Court of Appeals of North Carolina

May 6, 2014

STATE OF NORTH CAROLINA
v.
NICHOLAS JAMES JACOBS

Heard in the Court of Appeals: February 17, 2014.

Columbus County. No. 11 CRS 5387-39, 11 CRS 53961. Douglas B. Sasser, Judge.

Attorney General Roy Cooper, by Assistant Attorney General Jason R. Rosser, for the State.

Edward Eldred for defendant.

ELMORE, Judge. Chief Judge MARTIN and HUNTER, Robert N., concur.

OPINION

Page 367

ELMORE, Judge.

On a writ of certiorari by defendant from judgment entered 8 May 2013 by Judge Douglas B. Sasser in Columbus County Superior Court.

On 15 November 2013, Nicholas James Jacobs (defendant) filed a petition for writ of certiorari in this Court, seeking review of the trial court's order revoking his probation and activating his prison sentence. This case arose after defendant pled guilty to five counts of obtaining property by false pretenses and five counts of breaking or entering a motor vehicle, which were consolidated into five sentences. This Court will hear defendant's appeal pursuant to his petition for writ of certiorari for the purpose of reviewing the criminal judgment. After careful consideration, we reverse the trial court's judgment and remand for further action consistent with this opinion.

I. Factual Background

On 25 April 2012, defendant pled guilty to the above mentioned offenses. Pursuant to defendant's plea, the trial court sentenced defendant to one term of 6 to 8 months active time; four consecutive, suspended 8 to 10 months sentences; and probation for 36 months. On 4 January 2012, defendant's probation officer filed notices of probation violations against defendant in Columbus County. The notices alleged that defendant failed (1) to attend a scheduled appointment, (2) to make required payments to the Clerk of Superior Court, (3) to obtain approval before moving, (4) to remain within the jurisdiction of the court, (5) attend TASC (Treatment Accountability for Safer Communities), and (6) was charged with criminal offenses that could result in probation violations.

Page 368

On 8 May 2013, a probation violation hearing was held in Columbus County Superior Court. Defendant proceeded pro se at the hearing. The trial court revoked defendant's probation and activated his sentences. That same day, defendant filed a written notice of appeal. However, the record shows that defendant's notice of ...


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