Legal Opinion

State v. Morgan

Court of Appeals of North Carolina

Decided April 17, 2018No. COA17-428PublishedCited by 4 opinions

1Opinion of the Court

CALABRIA, Judge.

*180Billy Dean Morgan ("defendant") appeals by petition for writ of certiorari from judgments (1) revoking his probation and activating his suspended sentences; and (2) imposing costs and attorneys' fees. After careful review, we affirm the revocation of defendant's probation. However, since defendant was not given notice and an opportunity to be heard as to the final amount of attorneys' fees that would be entered against him, we vacate the civil judgment entered pursuant to N.C. Gen. Stat. § 7A-455 (2017) and remand to the trial court.

I. Background

On 28 August 2013, defendant…

2Cases cited8 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. State v. FriendCourt of Appeals of North Carolina · 2018
  3. State v. YoungCourt of Appeals of North Carolina · 2008
  4. State v. JacobsCourt of Appeals of North Carolina · 2005
  5. State v. CampSupreme Court of North Carolina · 1980

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3Cited by4 opinions

  1. State v. MorganSupreme Court of North Carolina · 2019
  2. State v. MayoCourt of Appeals of North Carolina · 2019
  3. State v. DuffCourt of Appeals of North Carolina · 2019
  4. State v. ZimmermanCourt of Appeals of North Carolina · 2019

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