Billy Ray Hall v. O. M. Bostic, Monroe Prison Unit and the Attorney General of the State of North Carolina

Donald RUSSELL, Circuit Judge:

The petitioner, a North Carolina prisoner, pleaded guilty to the crime of forgery and was sentenced to seven years’ imprisonment, suspended during probation for five years. Under the North Carolina probation statute, one who, under suspended sentence as was the petitioner, violates the conditions of his probation, is dealt with “as if there had been no probation or suspension of sentence” 1 and “his original sentence” is “automatically activated.” 2 After serv ing four and a half years on probation, the petitioner had his probation revoked in proceedings had in…