State v. Flanagan, ___ N.C. App. ___, 2021-NCCOA-456 (Sept. 7, 2021)

On July 19, August 24, and October 23, 2018, the defendant plead guilty to several charges. On each of these dates, the trial court suspended the sentences for twelve months of supervised probation and other special conditions of probation.

Between December 7, 2018 and November 22, 2019, the defendant engaged in numerous acts which prompted his probation officer to file violation reports. On December 2, 2019, the defendant appeared in district court for a hearing on the January 18, 2019 and April 4, 2019 violation reports. While in district court, the defendant waived his violation hearing and admitted he violated the conditions of his probation. The district court revoked the defendant’s probation and activated the sentences in his misdemeanor cases. The defendant gave notice of appeal to the superior court.

On December 23, 2019, the probation officer filed violation reports in superior court. At a February 5, 2020 hearing, the defendant admitted to willfully violating his probation. The superior court revoked the defendant’s probation and activated his suspended sentences in his remaining misdemeanor and felony cases. The defendant appealed.

The Court of Appeals held that the superior court did not have jurisdiction to hear the defendant’s appeal from district court. In reaching this conclusion, the Court cited G.S. 15A-1347(b), which states “If a defendant waives a revocation hearing, the finding of a violation of probation, activation of sentence, or imposition of special probation may not be appealed to the superior court.” The Court vacated the judgment of the superior court and reinstated the judgment of the district court.