State v. Tincher, ___ N.C. App. ___, 831 S.E.2d 859 (Jul. 16, 2019)

At the conclusion of a probation revocation hearing, the defendant yelled vulgarities within earshot of the court. The trial court found the defendant in criminal contempt and sentenced him to an additional 30 days, consecutive to his other sentences. The trial court did not give the defendant an opportunity to respond to the alleged contempt, in violation of G.S. 5A-14(b). The judge also struck language from the contempt order that would normally document the fact that the defendant was warned and given an opportunity to be heard. “’[T]he judicial official’s findings in a summary contempt proceeding should clearly reflect that the contemnor was given an opportunity to be heard’ and without that finding, the trial court’s findings do not support the imposition of contempt.” The contempt order and judgment were therefore reversed.