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State v. Posey

Court of Appeals of North Carolina

August 15, 2017

STATE OF NORTH CAROLINA
v.
MONTANELLE DEANGELO POSEY

          Heard in the Court of Appeals 17 May 2017.

         Appeal by Defendant from judgment entered 20 December 2012 by Judge W. Erwin Spainhour in Cabarrus County Nos. 10 CRS 9879-80 Superior Court.

          Attorney General Joshua H. Stein, by Assistant Attorney General Heather A. Haney, for the State.

          Appellate Defender Glenn Gerding, by Assistant Appellate Defender Hannah H. Love, for defendant-appellant.

          DILLON, JUDGE.

         Montanelle Deangelo Posey ("Defendant") appeals from a judgment revoking his probation and activating his suspended sentence. After careful consideration, we conclude Defendant's appeal is moot and, therefore, dismiss his appeal.

         I. Background

         Defendant was placed on 36 months of supervised probation, beginning after his release from incarceration, for certain crimes he committed prior to April 2011.

         While on probation, a trial court found that Defendant had not been at his residence during a mandatory curfew on two occasions in 2012, and that these absences constituted willful violations of a condition of his probation and that these violations constituted absconding supervision. The trial court entered judgment finding Defendant in willful violation of his probation, revoking his probation on the basis of absconding and activating his suspended sentence. Defendant appealed.

         II. Appellate Jurisdiction

         As an initial matter, Defendant concedes that his notice of appeal was defective for failure to satisfy multiple procedural requirements for giving notice of appeal as set out in N.C. R. App. P. 4. In recognition of these defects, Defendant has filed a petition for writ of certiorari contemporaneously with the filing of his appellate brief requesting that this Court review the trial court's judgment revoking his probation. In our discretion, we allow Defendant's petition for writ of certiorari.

         III. Analysis

         The State concedes that the trial court lacked jurisdiction to revoke Defendant's probation under the Justice Reinvestment Act, as the offenses he committed for which he ...


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