In the Matter of D.S.B., 239 N.C. App. 482 (2015)


(1) Despite a clerical error referencing a previously expired term of probation for a “minor” offense, the motion for review provided adequate notice to the juvenile that he might receive a Level III disposition for violating his probation because the motion accurately stated the expiration date of the current probation term, which was for a Class H felony, and listed violations that occurred after the juvenile was placed on probation with the specified expiration date. (2) Assuming arguendo, that the motion for review failed to provide adequate notice, the record established the juvenile had actual notice that a Level III disposition was possible, in part, because his counsel acknowledged at the hearing that a YDC commitment “was on the table,” and the juvenile did not object when the trial court expressly confirmed that he was on probation for committing the Class H felony of larceny from the person.

Probation Violations
Sufficiency of Notice
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