Case Summaries: N.C. Court of Appeals (Nov. 21, 2023)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 21, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Probation violation report contained sufficient allegations to prepare defendant for possible revocation at hearing; evidence supported finding that defendant committed new offense of exploitation of a minor. State v. Bowman, COA23-384, ___ N.C. App. ___ (Nov. 21, 2023). In this Forsyth County case, defendant appealed the revocation of his probation, arguing (1) he did not receive notice that his probation could be revoked at the hearing, and (2) that the State did not prove he committed a new criminal offense. The Court of Appeals disagreed, finding no error. While on probation for 15 counts of third-degree exploitation of a minor, defendant admitted to looking at child abusive materials during a group therapy session. This led to an investigation by defendant’s probation officer; defendant eventually admitted to looking at child pornography on his girlfriend’s phone. The probation officer filed a report, and the matter came for a hearing in September 2022, where defendant’s probation was revoked and his sentence was activated. Taking up (1), the Court of Appeals rejected defendant’s argument that he was not given adequate notice that his probation could be revoked at the hearing. Here, the report filed by defendant’s probation officer described conduct that could be criminal, specifically viewing child pornography. Although the report did not [...]