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State v. Knox

Court of Appeals of North Carolina

February 17, 2015

STATE OF NORTH CAROLINA
v.
TERRELL KNOX, Defendant

Heard in the Court of Appeals November 18, 2014

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

The Exum Law Office, by Mary March Exum, for defendant-appellant.

STROUD, Judge. Judges CALABRIA and McCULLOUGH concur.

OPINION

Page 382

Appeal by defendant from judgments entered on or about 8 April 2014 by Judge Robert C. Ervin in Superior Court, Gaston County, Nos. 12CRS65246, 14CRS051015.

STROUD, Judge.

Terrell Knox (" defendant" ) appeals from a judgment entered revoking his probation and activating his sentence for a 2012 offense, and a judgment entered upon a plea agreement in which he pled guilty to a 2014 offense pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). Defendant argues that the trial court lacked (1) statutory authority to hold a probation revocation hearing, because defendant did not receive proper notice of the hearing; and (2) subject matter jurisdiction to revoke his probation, because the State completed its probation violation report after the revocation hearing. We affirm the trial court's judgments.

I. Background

On or about 11 November 2012, defendant committed the offense of assault by strangulation. See N.C. Gen. Stat. § 14-32.4(b) (2011). On or about 25 February 2013, defendant pled guilty to assault by strangulation pursuant to a plea agreement. The trial court sentenced defendant to nine to twenty months' imprisonment but suspended the sentence and placed defendant on thirty-six months' supervised probation.

On or about 25 January 2014, defendant committed the offense of felony larceny. See id. § 14-72(a) (2013). On or about 3 February 2014, a grand jury indicted defendant for felony larceny and breaking or entering into a motor vehicle. See id. § § 14-56, 14-72(a) (2013).

On 8 April 2014, the trial court held a probation revocation hearing in which defendant accepted a plea agreement and pled guilty to the offense of felony larceny pursuant to Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162. Defendant's counsel stated that defendant acknowledged that he had received a probation violation report, and that defendant admitted the allegations in

Page 383

the report. In the plea agreement, the State dismissed the ...


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