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State v. Moore

Court of Appeals of North Carolina

April 7, 2015

STATE OF NORTH CAROLINA
v.
MARCUS LEE MOORE

Heard in the Court of Appeals November 19, 2014

Buncombe County, Nos. 13 CRS 1092--94.

VACATED.

Attorney General Roy Cooper, by Assistant Attorney General Kimberly N. Callahan, for the State.

Guy J. Loranger for defendant-appellant.

Judges DILLON and DIETZ concur.

OPINION

Appeal by defendant from judgments entered 19 December 2013 by Judge Marvin P. Pope in Buncombe County Superior Court.

BRYANT, Judge.

Where defendant was not subject to a tolling period because his offenses were committed prior to 1 December 2009 and his probation revocation hearing was held after 1 December 2009, defendant's probationary period had expired and the trial court lacked jurisdiction to revoke defendant's probation.

On 17 February 2009, defendant Marcus Lee Moore was convicted in Rutherford County of one count of larceny from the person and sentenced to eight to ten months imprisonment. The trial court suspended defendant's sentence and ordered defendant to serve thirty-six months supervised probation. On 26 February 2009, defendant was convicted of fleeing/eluding arrest with a motor vehicle, possession of a stolen motor vehicle, and driving while license revoked. These charges were consolidated for judgment with the larceny charge from 17 February and defendant was sentenced to eight to ten months imprisonment. The trial court suspended defendant's sentence and ordered that he serve a sixty day active sentence and be placed on supervised probation for thirty-six months.

On 24 July 2009, violation reports were filed against defendant alleging that he had violated monetary conditions of his probation and had committed three new offenses on 29 March 2009. On 14 July 2010, the trial court found that defendant had committed the three new offenses, entered orders which modified the monetary conditions of defendant's probation, and transferred his supervision from Rutherford to Buncombe County. The trial court did not extend or otherwise alter defendant's probationary period.

On 4 March 2013, new violation reports were filed against defendant alleging numerous violations of his probation. Additional violation reports were filed against defendant on 20 June 2013. In a hearing on 19 December 2013, defendant admitted to willful violations of his probation. The trial court found that defendant had violated his probation. The trial court revoked defendant's probation

Page 767

and ordered defendant to serve eight to ten months imprisonment with credit for sixty days already ...


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