State v. Tindall, 227 N.C. App. 183 (May. 7, 2013)

The trial court lacked jurisdiction to revoke the defendant’s probation on the basis of a violation that was not alleged in the violation report and of which she was not given notice. The violation reports alleged that the defendant violated two conditions of her probation: to “[n]ot use, possess or control any illegal drug” and to “participate in further evaluation, counseling, treatment or education programs recommended . . . and comply with all further therapeutic requirements.” The specific facts upon which the State relied were that “defendant admitted to using 10 lines of cocaine” and that the defendant failed to comply with treatment as ordered. However, the trial court found that the defendant’s probation was revoked for “violation of the condition(s) that he/she not commit any criminal offense . . . or abscond from supervision.”