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Criminal Law – Probation Revocation – Absconding – Sufficiency of Evidence

The state presented sufficient evidence that defendant willfully failed to report his whereabouts to probation officers when he left his place of residence without prior approval, failed to update his residential address, and was unable to be located or contacted for two months.

We affirm the trial court’s revocation of defendant’s parole and activation of his sentences.

Defendant had pled guilty to misdemeanor larceny and conspiracy to obtain property by false pretenses. The trial court suspended defendant’s sentence of incarceration and placed him on supervised probation. During his probation, defendant’s probation officer filed two violation reports alleging defendant absconded from supervision and violated other conditions of his parole. The trial court concluded that defendant willfully violated all the conditions alleged in the violation report and revoked his probation.

We reject defendant’s argument that the evidence was insufficient to prove he absconded from supervision. We note that the state presented evidence that defendant left his place of residence without prior approval from his probation officer and failed to advise his probation officer of his whereabouts. As a result, law enforcement was unable to locate defendant for two months. We further noted that defendant admitted to willfully failing to report his whereabouts to his probation officer because he had violated other conditions of his probation. Finally, we rule that, even if defendant committed other violations that would not permit revocation of probation, defendant’s absconding violation was itself sufficient to warrant revocation.

Affirmed.

State v. Crowder (Lawyers Weekly No. 012-187-18, 5 pp.) (Dillon, J.) Appealed from Cabarrus County Superior Court (Marin B. Mcgee, J.) Jillian C. Katz for appellant. Mary S. Crawley for appellee. N.C. App. Unpub.


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