{
  "id": 8957714,
  "name": "STATE OF NORTH CAROLINA v. SHERRY ELAINE ROACHE HALL, Defendant",
  "name_abbreviation": "State v. Hall",
  "decision_date": "2003-10-07",
  "docket_number": "No. COA02-1552",
  "first_page": "593",
  "last_page": "594",
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name": "N.C."
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  "last_updated": "2023-07-14T16:12:23.823025+00:00",
  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [
      "Judges TYSON and LEVINSON concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. SHERRY ELAINE ROACHE HALL, Defendant"
    ],
    "opinions": [
      {
        "text": "WYNN, Judge.\nUnder State v. Camp, 299 N.C. 524, 528, 263 S.E.2d 592, 594-95 (1980), to revoke a defendant\u2019s probation after the period of probation has expired, the trial court must find \u201cthat the State had \u2018made reasonable effort... to conduct the hearing earlier.\u2019 \u201d (citing N.C. Gen. Stat. \u00a7 15A-1344(f)). In this case, although defendant\u2019s probation period ended on 17 May 2002, the trial court conducted a hearing on 19 August 2002 \u2014 after the expiration of defendant\u2019s period of probation and suspension. Because the record shows that the trial court did not make any findings (nor is there evidence in the record to support such findings) that the State made reasonable effort to conduct the hearing earlier, we are compelled by State v. Camp to hold that \u201cjurisdiction was lost by the lapse of time and the court had no power to enter a revocation judgment against defendant.\u201d Id. Accordingly, as in Camp, the judgment appealed from is arrested and defendant is discharged.\nJudgment arrested.\nJudges TYSON and LEVINSON concur.\n. N.C. Gen. Stat. \u00a7 15A-1344(f) provides:\nRevocation after Period of Probation. \u2014 The court may revoke probation after the expiration of the period of probation if:\n(1) Before the expiration of the period of probation the State has filed a written motion with the clerk indicating its intent to conduct a revocation hearing; and\n(2) The court finds that the State has made reasonable effort to notify the probationer and to conduct the hearing earlier.",
        "type": "majority",
        "author": "WYNN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Roy Cooper, by Associate Attorney General Wendy L. Greene, for the State.",
      "Leslie G. Rawls for the defendant-appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. SHERRY ELAINE ROACHE HALL, Defendant\nNo. COA02-1552\n(Filed 7 October 2003)\nProbation and Parole\u2014 revocation \u2014 after expiration of probation period\nA judgment was arrested where the court attempted to revoke defendant\u2019s probation after the probation period expired without findings or evidence of a reasonable effort to conduct the hearing earlier. N.C.G.S. \u00a7 15A-1344(f).\nAppeal by defendant from judgment entered 19 August 2002 by Judge Zoro J. Guice in Superior Court, Polk County. Heard in the Court of Appeals 16 September 2003.\nAttorney General Roy Cooper, by Associate Attorney General Wendy L. Greene, for the State.\nLeslie G. Rawls for the defendant-appellant."
  },
  "file_name": "0593-01",
  "first_page_order": 623,
  "last_page_order": 624
}