State v. Gantt, ___ N.C. App. ___, ___ S.E.2d ___ (May. 19, 2020)

The defendant was convicted of felony breaking or entering in 17 CRS 54550 and felony larceny after breaking or entering in 17 CRS 54551. The trial judge sentenced him to two consecutive 8 to 19 months prison terms, suspended the sentences, and placed him on probation. Violation reports were subsequently filed in both cases, and the defendant’s probation was revoked by the trial judge in both cases. The defendant filed a pro se written notice of appeal. The majority found that the notice failed to comply with North Carolina Rule of Appellate Procedure 4 in that the notice “did not (1) designate the judgment from which he was appealing, (2) designate the court to which he was appealing, and (3) properly certify service.” The majority found that these defects deprived the Court of jurisdiction over a direct appeal, dismissed the appeal, and declined to exercise its discretion to hear the defendant’s arguments by way of petition for writ of certiorari. A dissenting judge, noting the technical nature of the defects in the defendant’s notice of appeal, would have heard the defendant’s certiorari petition in one of the cases, 17 CRS 54551. In that case, the trial judge revoked the defendant’s probation based on absconding, but the violation report did not allege absconding. Only in the other case, 17 CRS 54550, did the violation report allege absconding. The dissent observed that the allegations in that case were insufficient to put the defendant on notice of that violation in the other case. The dissenting judge stated that it was an abuse of discretion to overlook this due process violation and deny the defendant’s certiorari petition.