State v. Sellars

JOHNSON, Judge.

The issue presented for review in this case is whether the trial judge made proper findings with respect to whether the defendant has violated, without lawful excuse, a valid condition upon which her sentence was suspended.

In a probation revocation hearing, our Courts have continuously held that a suspended sentence may not be activated for failure to comply with a term of probation unless the defendant’s failure to comply is willful or without lawful excuse. State v. Robinson, 248 N.C. 282, 103 S.E. 2d 376 (1958); State v. Huntley, 14 N.C. App. 236, 188 S.E. 2d 30 (1972);…