Heard in the Court of Appeals November 19, 2014
Wake County, Nos. 06 CRS 70064--65.
Attorney General Roy Cooper, by Assistant Attorney General Jill F. Cramer, for the State.
The Exum Law Office, by Mary March Exum, for defendant-appellant.
BRYANT, Judge. Judges DILLON and DIETZ concur.
Appeal by defendant from judgment entered 7 January
2014 by Judge Alma L. Hinton in Wake County Superior Court.
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 1 November 2006, defendant Matthew Sanders pled guilty to one count of trafficking in cocaine by possession and one count of trafficking in cocaine by transportation in 06 CRS 70064--65, with sentencing to be continued. By judgment entered 17 April 2007, defendant was sentenced to a term of 35 to 42 months imprisonment. The trial court suspended defendant's sentence and imposed a term of supervised probation for 60 months.
On 13 November 2008, a violation report was filed alleging defendant had violated probation by testing positive for cocaine and marijuana and by being in arrears towards his monetary obligations. On 31 March 2009, the trial court entered an order finding defendant was in compliance with the terms of his probation and to continue with his probation.
A new violation report, filed 29 March 2010, alleged that defendant had violated his
probation by testing positive for cocaine, being in arrears on his monetary conditions, and by being currently unemployed. After a hearing, the trial court entered an order on 11 May stating that defendant " continues to test positive for cocaine" and that " defendant has been [sic] violated once and was continued on probation. This case is currently in Toll status." (emphasis added).
In August 2010, a third violation report was filed alleging defendant had tested positive for cocaine and marijuana, had been convicted of assault/threat against a government official in 09 CRS 209018, and received a new case of probation. By order entered 2 December, the trial court ordered defendant to have a TASC assessment completed within 45 days of entry and to serve 10 days in jail. A second order entered by the trial ...