State v. Hall, 586 S.E.2d 561 (N.C. Ct. App. 2003). · Go Syfert
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State v. Hall, 586 S.E.2d 561 (N.C. Ct. App. 2003). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Morgan, 814 S.E.2d 843 (N.C. Ct. App. 2018)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
How cited ↗
Cited for
586 S.E.2d at 561 Revoking probation after expiration requires reasonable effort finding5 citing casesparenthetically stating “nor is there evidence in the record to support such findings1 citing court put it this way
  • State v. Morgan, 814 S.E.2d 843 (N.C. Ct. App. 2018).published
    App. 593 , 593–94, 586 S.E.2d 561, 561 (2003) (parenthetically 5 “Black’s Law Dictionary defines a finding of fact as ‘a determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, [usually]…
  • State v. Pennell, 746 S.E.2d 431 (N.C. Ct. App. 2013).published
    Id. at 593-94 , 586 S.E.2d at 561 (footnotes omitted).
  • State v. Bryant, 637 S.E.2d 532 (N.C. 2006).published
    (parenthetically stating “nor is there evidence in the record to support such findings)
  • State v. Henderson, 632 S.E.2d 818 (N.C. Ct. App. 2006).published 2 cites
    App. 593, 594 , 586 S.E.2d 561, 561 (2003) (quoting State v. Camp, 299 N.C. 524, 528 , 263 S.E.2d 592, 595 (1980)) (arresting a probation revocation judgment where the revocation hearing was held three months after the defendant’s probatio…
  • State v. Burns, 615 S.E.2d 347 (N.C. Ct. App. 2005).published 4 cites
    App. 593, 593 , 586 S.E.2d 561, 561 (2003).
160 N.C. App. at 594 “jurisdiction was lost by the lapse of time and the court had no power to enter a revocation judgment against defendant.”0 citing cases2 citing courts quote it
    STATE OF NORTH CAROLINA
    v.
    SHERRY ELAINE ROACHE HALL, Defendant
    COA02-1552.
    Court of Appeals of North Carolina.
    Oct 7, 2003.
    Published opinion
    586 S.E.2d 561
    2003 N.C. App. LEXIS 1836
    Attorney General Roy Cooper, by Associate Attorney General Wendy L. Greene, for the State. , Leslie G. Rawls for the defendant-appellant.
    Wynn, Tyson, Levinson.
    Cited by 6 opinions  |  Published
    WYNN, Judge.

    Under State v. Camp, 299 N.C. 524, 528, 263 S.E.2d 592, 594-95 (1980), to revoke a defendant’s probation after the period of probation has expired, the trial court must find “that the State had ‘made reasonable effort... to conduct the hearing earlier.’ ” (citing N.C. Gen. Stat. § 15A-1344(f)) [1] . In this case, although defendant’s probation period ended on 17 May 2002, the trial court conducted a hearing on 19 August 2002 — after the expiration of defendant’s period of probation and suspension. Because the record shows that the trial court did not make any findings (nor is there evidence in the record to support such findings) that the State made reasonable effort to[*594] conduct the hearing earlier, we are compelled by State v. Camp to hold that “jurisdiction was lost by the lapse of time and the court had no power to enter a revocation judgment against defendant.” Id. Accordingly, as in Camp, the judgment appealed from is arrested and defendant is discharged.

    Judgment arrested.

    Judges TYSON and LEVINSON concur.
    1

    . N.C. Gen. Stat. § 15A-1344(f) provides:

    Revocation after Period of Probation. — The court may revoke probation after the expiration of the period of probation if:
    (1) Before the expiration of the period of probation the State has filed a written motion with the clerk indicating its intent to conduct a revocation hearing; and
    (2) The court finds that the State has made reasonable effort to notify the probationer and to conduct the hearing earlier.