State v. Posey
Court of Appeals of North Carolina
1DissentZachary, Judge
*135In this case the trial court's revocation judgment was entered only upon a finding that defendant had absconded supervision. The trial court, however, lacked the statutory authority to revoke defendant's probation on the basis of absconding and, as a result, the revocation judgment was erroneous as a matter of law. Should this erroneous judgment remain in place, it could subject defendant to future adverse collateral legal consequences. For these reasons, the instant appeal is not moot and the revocation judgment should be vacated. Accordingly, I dissent from the majority opinion.
The general…
2Cases cited6 opinions
- In Re HatleySupreme Court of North Carolina · 1977
- Matter of SwindellSupreme Court of North Carolina · 1990
- State v. HunnicuttCourt of Appeals of North Carolina · 2013
- State v. NolenCourt of Appeals of North Carolina · 2013
- State v. BlackCourt of Appeals of North Carolina · 2009
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