State v. Talbert, 221 N.C. App. 650 (Jul. 17, 2012)

The trial court erred by revoking the defendant’s probation on grounds that he willfully violated the condition that he reside at a residence approved by the supervising officer. The defendant was violated on the day he was released from prison, before he even “touched outside.” Prior to his release the defendant, who was a registered sex offender and indigent, had tried unsuccessfully to work with his case worker to secure a residence. At the revocation hearing, the trial judge rejected defense counsel’s plea for a period of 1-2 days for the defendant to secure a residence. The court concluded that the defendant’s violation was not willful and that probation was “revoked because of circumstances beyond his control.”