Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Hunnicutt, 226 N.C. App. 348 (Apr. 2, 2013)
(1) The trial court did not err by activating the defendant’s sentence on the basis that the defendant absconded by willfully avoiding supervision. The defendant’s probation required that he remain in the jurisdiction and report as directed to the probation officer. The violation report alleged violations of both of these conditions. Despite the trial court’s use of the term “abscond,” it was clear that the trial court revoked the defendant’s probation because he violated the two listed conditions. (2) The trial court did not abuse its discretion in finding a violation and revoking his probation where the evidence supported its determination.