#### STATE OF NORTH CAROLINA v. ALTON MORRIS

No. 7316SC607

(Filed 10 October 1973)

Appeal by defendant from Clark, Judge, 26 March 1973 Session, Robeson County Superior Court.

At the 6 October 1969 Session of Superior Court of Robeson County, the defendant tendered a plea of guilty to a charge of felonious larceny. The defendant had been charged with the crime of felonious larceny in a proper bill of indictment. The record shows that his plea of guilty to the charge was entered understanding^, freely and voluntarily without any undue influence, compulsion or duress and without any promise of leniency; and it was so adjudicated by the Presiding Judge, Edward B. Clark. A sentence of not less than three nor more than five years was imposed, and this sentence was suspended upon certain conditions; and the defendant was placed upon probation for a period of three years.

*586Thereafter, under date of 16 March 1971, the probation officer served a bill of particulars upon the defendant, together with a report setting out various violations of the conditions of probation and setting the matter for. hearing before a judge of the superior coürt on 19 March 1971. On 19 March .1971, Judge Canaday, presiding over a session of the superior court, found that the defendant had wilfully violated the terms and conditions of the probation judgment, but, nevertheless, in his discretion, continued the probation under the former order of the court.

Under date of 24 April 1972, Judge Cowper entered an order again continuing the probation under former orders of the court.

On 16 September 1972, the probation officer again served a bill of particulars upon the defendant, together with a report setting out. various violations of the conditions of probation and notifying the defendant that the matter would be presented to a judge of the superior court at the 18 September 1972 Session. On 21 September 1972, Judge McKinnon found that the defendant had wilfully violated the terms and conditions of the probation judgment and set out the details thereof. Nevertheless, Judge McKinnon, with the consent of the defendant in open court, did not place the probation sentence into effect, but, instead, continued the probation sentence and.extended it from 5 October 1972, to 4 October 1974.

Thereafter, on 27 March 1978, the probation officer again served a bill of particulars upon the defendant, together with a report setting out various violations of the terms and conditions of the probation sentence and notifying the defendant that the matter would be presented to the judge of the superior court at the 28 March 1973 Session.

On 29 March 1973, Judge Clark found that the defendant had wilfully violated the terms and conditions of the probation judgment in various particulars and that the defendant was. at that time serving an active sentence for a misdemeanor • offense. Judge Clark revoked the probation and ordered the previous sentence placed into effect, namely, the sentence of not less than three nor more than five years, and ordered that it run concurrent with the sentence the defendant was serving at that time. From the revocation of the probation and the placing of the sentence into effect, the defendant appealed.

*587 Attorney General Robert Morgan by Assistant Attorney James E. Magner, Jr., for the State.

George. D. Regan for defendant appellant.

CAMPBELL, Judge.

This appeal presents only the face of the record proper for review. We have reviewed the record and no error appears.

No error.

Judges Morris and Vaughn concur.