State v. Hendricks, ___ N.C. App. ___, 2021-NCCOA-184 (May. 4, 2021)

The defendant pled guilty to aggravated felony serious injury by vehicle, driving while impaired, and injury to real property. The trial court sentenced the defendant to 29 – 47 months imprisonment and suspended the sentence, placing the defendant on 60 months of supervised probation. The trial court also ordered the defendant to serve 330 days of imprisonment as a condition of special probation.

Defendant began to serve his term of special probation on October 7, 2014, and then served a 26-day term of imprisonment in a separate case. The defendant was released from imprisonment to supervised probation on September 28, 2015. The probation officer filed violation reports on January 23, 2020, February 5, 2020, and February 25, 2020. The trial court determined in a March 10, 2020 hearing that the defendant willfully violated the terms of his probation and activated the defendant’s suspended sentence. The defendant appealed.

The Court of Appeals determined that the trial court lacked subject matter jurisdiction to revoke the defendant’s probation. Pursuant to G.S. 15A-1351(a), the defendant’s total probationary period included his 330-day imprisonment as a condition of special probation. The Court reasoned that, at the latest, the defendant’s probationary period began on November 3, 2014, after he served his 26-day sentence in the other case. Thus, the defendant’s 60-month probationary period would have ended, at the latest, on November 3, 2019. Because the violation reports were all filed after that date, the trial court lacked subject-matter jurisdiction to revoke the defendant’s probation and activate his suspended sentence.