State v. Sharpe, ___ N.C. App. ___, 816 S.E.2d 258 (May. 15, 2018)

Finding that the trial court properly revoked the defendant’s probation, the court affirmed but remanded for correction of a clerical error. While on probation for another offense, the defendant was convicted of possession of drug paraphernalia. A probation officer filed a violation report noting three violations: arrears for $800 in court indebtedness, $720 in probation supervision fees, and the new conviction. The trial court revoked the defendant’s probation and he appealed. On appeal the defendant argued that the trial court abused its discretion and acted under a misapprehension of the law when it revoked probation based on the three alleged violations when only one provided a statutory basis for revocation. Because the defendant committed a criminal offense while on probation, the trial court properly revoked probation on that ground. The court acknowledged the trial court could not have revoked based on the other two violations and, as noted by the defendant, the trial court improperly checked the box on the form indicating that each violation is in and of itself a sufficient basis for revocation. However, other evidence in the record indicated that the trial court recognized that only one of the violations was sufficient to revoke probation. The court thus remanded for correction of the clerical error.