in the Court of Appeals 17 May 2017.
by Defendant from judgment entered 20 December 2012 by Judge
W. Erwin Spainhour in Cabarrus County Nos. 10 CRS 9879-80
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.
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
was placed on 36 months of supervised probation, beginning
after his release from incarceration, for certain crimes he
committed prior to April 2011.
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.
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.
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