United States v. Fortner

ORDER ON MOTION TO DISMISS A VIOLATION, SCHEDULED TO BE HEARD AS TO DEFENDANT’S VIOLATION

HEMPHILL, District Judge.

Defendant Fortner, previously placed on probation by Order of this Court, 1 moves to dismiss the probation violation process pending, pursuant to Order of this Court of July 3,1982. The petition, seeking a bench warrant of the court for the alleged violation, charged defendant as being:

Convicted of 4/26/82 in the Superior Court, Gaston County, North Carolina, under Indictment 81-CRS-28032 for the offense of misdemeanor-larceny.

On August 6,1982, the Public Defender, his appointed…