Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Yonce, 207 N.C. App. 658 (Nov. 2, 2010)
The court lacked jurisdiction to consider an appeal when the defendant failed to timely challenge an order revoking his probation. If a trial judge determines that a defendant has willfully violated probation, activates the defendant’s suspended sentence, and then stays execution of his or her order, a final judgment has been entered, triggering the defendant’s right to seek appellate review of the trial court’s decision. In this case, the defendant appealed well after expiration of the fourteen-day appeal period prescribed in the appellate rules.