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State v. Sitosky

Court of Appeals of North Carolina

December 31, 2014

STATE OF NORTH CAROLINA
v.
CRYSTAL SITOSKY

Heard in the Court of Appeals 21 October 2014.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Appeal by defendant from judgments entered 5 March 2014 by Judge W. Allen Cobb, Jr. in New Hanover County Superior Court.

New Hanover County. Nos. 07 CRS 60072-74, 10 CRS 53201-03.

VACATED AND REMANDED.

Roy Cooper, Attorney General, by Joseph L. Hyde, Assistant Attorney General, for the State.

Staples S. Hughes, Appellate Defender, by Jason Christopher Yoder, for defendant-appellant.

DAVIS, Judge. Judges HUNTER, Robert C., and DILLON concur.

OPINION

DAVIS, Judge.

Crystal Sitosky (" Defendant" ) appeals from the trial court's judgments revoking her probation and activating her suspended sentences in file numbers 07 CRS 60072-74 and 10 CRS 53201-03. On appeal, she argues that the trial court (1) lacked jurisdiction to revoke her probation in file numbers 07 CRS 60072-74; and (2) erred in revoking her probation in file numbers 10 CRS 53201-03. After careful review, we vacate the trial court's judgments and remand for further proceedings.

Factual Background

On 10 July 2008, Defendant pled guilty to three counts of obtaining a controlled substance by fraud or forgery. The trial court sentenced Defendant to three consecutive sentences of 5 to 6 months imprisonment, suspended the sentences, and placed Defendant on supervised probation for a period of 36 months. On 22 September 2011, Defendant pled guilty to one count of attempted trafficking in heroin and three counts of obtaining a controlled substance by fraud or forgery. The trial court sentenced Defendant to three consecutive sentences of 6 to 8 months imprisonment for the obtaining a controlled substance by fraud or forgery offenses and 90 to 117 months imprisonment following the expiration of the above sentences for the attempted trafficking in heroin offense. The trial court then suspended these sentences and placed Defendant on supervised probation for 36 months.

Defendant's probation officer filed violation reports on 3 May 2013, 18 June 2013, 26 November 2013, and 10 January 2014, alleging that Defendant had violated various conditions of her probation. The 3 May 2013 violation reports alleged that Defendant had been charged with driving while license revoked, simple possession of a Schedule II controlled substance, simple possession of a Schedule IV controlled substance, and maintaining a vehicle or dwelling place for the purpose of keeping or selling a controlled substance. The 18 June 2013 violation reports alleged that Defendant had violated a condition of her probation by testing positive for opiates on 7 June 2013. The 26 November 2013 violation reports alleged that Defendant had violated a condition of her probation by testing positive for opiates on 21 November 2013. Finally, the 10 January 2014 violation reports alleged ...


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