Carolina v. Hogan
Court of Appeals of North Carolina
Appeal by defendant from Chess, Judge. Judgment entered 27 February 1975 in Superior Court, Richmond County. Heard in the Court of Appeals 27 August 1975. In March 1972 defendant was convicted and received a suspended sentence and probation. At the revocation hearing in February 1975 defendant’s probation officer testified as hereafter set out that defendant had violated certain conditions of probation.
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Appeal by defendant from Chess, Judge. Judgment entered 27 February 1975 in Superior Court, Richmond County. Heard in the Court of Appeals 27 August 1975. In March 1972 defendant was convicted and received a suspended sentence and probation. At the revocation hearing in February 1975 defendant’s probation officer testified as hereafter set out that defendant had violated certain conditions of probation. Defendant stipulated that the allegations contained in the officer’s testimony were correct. One month after being placed on probation defendant, without permission, moved to an unknown…
1Opinion of the Court
ARNOLD, Judge.
We overrule defendant’s contention that there was insufficient evidence that he failed to comply with the conditions of probation because the probation judgment was never admitted into evidence. The court made specific findings as to what conditions had been violated, and there was sufficient evidence to support these findings.
[1] The probationary judgment does not have to be formally introduced into evidence at the revocation hearing if the record indicates, as in the case at bar, that the judge has the order before him, and where reference is made in the judgment to specific…
2Cases cited1 opinion
- State v. LangleyCourt of Appeals of North Carolina · 1968
3Cited by1 opinion
- State v. ParkerCourt of Appeals of North Carolina · 2014