State v. Smith

McCullough, Judge.

On 6 December 2000, defendant Preston Smith was found guilty of assault on a female in Buncombe County District Court. Defendant’s sentence of ninety days in prison was suspended, and defendant was placed on supervised probation for twelve months. Defendant appealed to superior court and was later allowed to withdraw the appeal. The case was remanded to district court for immediate execution of the judgment.

On 24 January 2002, defendant’s probation officer, Liz McCurry, filed a probation violation report. McCurry asserted that defendant violated the terms of his probation by…