State v. Tozzi

JOHNSON, Judge.

Defendant presents five Assignments of Error on the part of the trial court for revoking his probation and activating an amended fifteen year suspended sentence. We find no error in the trial court’s judgment.

Defendant’s first two Assignments of Error raise the issue of whether the original judgment stands fatally defective pursuant to G.S. 15A-1301 because the caption on the original filed judgment misstated the file number in the indictment for breaking and entering, larceny, and possession of stolen goods. The file number on the indictment in question is 83CRS8053. The judg…