State v. Bryan

MURPHY, Judge.

Where the State fails to present sufficient evidence to support a finding that a defendant's failure to make his or her whereabouts known to a supervising probation officer is willful, the trial court abuses its discretion by revoking that defendant's probation based on N.C.G.S. § 15A-1343(b)(3a). Additionally, a trial court is without jurisdiction to find a probation violation where the State did not provide a defendant with proper notice of the alleged violation. We accordingly vacate the judgment and remand this matter for proceedings not inconsistent with this opinion.

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