Legal Opinion

State v. Johnson

Court of Appeals of North Carolina

Decided July 18, 2017No. COA16-734PublishedCited by 2 opinions

1Opinion of the Court

CALABRIA, Judge.

*535 Christopher Michael Johnson ("defendant") appeals, by writ of certiorari, from a judgment revoking his probation and activating his suspended sentence. After careful *828 review, we conclude that the trial court lacked jurisdiction to revoke defendant's probation based on the violations alleged. Accordingly, we vacate the trial court's judgment and remand for further proceedings.

I. Background

On 16 August 2013, defendant entered an Alford plea to two counts of taking indecent liberties with a child. See generally North Carolina v. Alford , 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed. 2d…

2Cases cited11 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. State v. MurchisonSupreme Court of North Carolina · 2014
  3. State v. WilliamsCourt of Appeals of North Carolina · 2015
  4. State v. HunnicuttCourt of Appeals of North Carolina · 2013
  5. State v. NolenCourt of Appeals of North Carolina · 2013

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3Cited by2 opinions

  1. State v. PoseyCourt of Appeals of North Carolina · 2017
  2. State v. PoseyCourt of Appeals of North Carolina · 2017

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