No. 7024SC359
(Filed 15 July 1970)
Criminal Lav/ § 161— appeal as exception to judgment
An appeal is an exception to the judgment and presents the face of the record proper for review.
Defendant appeals from McLean, J., SO March 1970 Session of Watauga Superior Court.
The defendant appeals from a judgment revoking probation and activating sentences of imprisonment. On 19 January 1970 the defendant, represented by his court-appointed counsel, entered pleas of guilty to two counts of forgery and two counts of uttering forged checks. The pleas were accepted after due inquiry and findings as to the voluntariness of the pleas. The counts for forgery were consolidated and judgment was entered imposing a sentence of two (2) years in the common jail of Watauga County. The counts of uttering forged checks were also consolidated for judgment and a sentence of two (2) years was imposed, sentence to commence at the expiration of the sentence previously imposed. The execution of the sentences was suspended for five years upon compliance with certain conditions.
After due notice, pursuant to G.S. 15-200.1, the cause came on for hearing on 3 April 1970. It was found that defendant had wilfully violated terms of his probation, to wit: Defendant changed his place of residence to an unknown address without securing the written consent of his probation officer in violation of the condition that he “Remain within a specified area and shall not change place of residence without the written consent of the Probation Officer”; and defendant had failed and refused to make any payment to the Clerk of the Superior Court of Watauga County pursuant to the conditions of his probation. It was ordered that each suspended sentence be revoked and that the defendant be imprisoned. Defendant appealed.
Attorney General Robert Morgan by Staff Attorney Dale Shepherd for the State.
T. Michael Lassiter for defendant appellcmt.
*62Counsel for this indigent defendant has not filed a brief in support of his appeal. In the record on appeal counsel includes a statement that he can find no error and asks that this Court review the record on appeal to determine whether errors appear therein. We have considered the appeal as an exception to the judgment and reviewed the record proper. State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330. No prejudicial error appears therein.
Affirmed.
Campbell and Parker, JJ., concur.