Criminal Practice – Satellite-Based Monitoring – Probation Violation – Subject-Matter Jurisdiction –

Appeals

State v. Clayton. (Lawyers Weekly No. 10-07-0751, 10 pp.) (Donna S. Stroud, J.) Appealed from Lincoln County Superior Court. (James W. Morgan, J.) N.C. App.

Holding: When defendant was sentenced to probation, the sentencing court determined that he was not required to enroll in satellite-based monitoring. When defendant’s probation was later revoked because of a probation violation, the trial court lacked authority to order defendant to enroll in SBM.

We vacate the order requiring defendant to enroll in SBM for 10 years.

Even though defendant gave only oral notice of appeal, since he did so before this court ruled that written notice of appeal was required, we grant defendant’s request to consider his brief as a petition for writ of certiorari.