State v. Bryant

BRADY, Justice.

On 24 September 2004, seventy days after the expiration of defendant’s probationary period, which was imposed as a result of her felony conviction for obtaining property by false pretenses, the trial court revoked defendant’s probation and activated her suspended sentence. Defendant appealed to the North Carolina Court of Appeals which, in a divided, unpublished opinion, vacated the activation of defendant’s sentence in that the trial court lacked subject mat ter jurisdiction. 1 The State appealed as of right based upon the dissent. The dissenting judge would have remanded the…