State v. Seay

ARNOLD, Judge.

Defendant first contends that a preliminary hearing is required before a probation revocation hearing can be held. We disagree.

G.S. 15A-1345(c), which outlines when a preliminary hearing on a probation violation is required, states “Unless the hearing required by subsection (e) is first held or the probationer waives the hearing, a preliminary hearing on probation violation must be held. . . .” Subsection (e) requires that before probation can be revoked or extended, a hearing is required at which the judge “must make findings to support the decision.” The record shows that the…