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Criminal Practice – Probation Revocation – Probation Expired – Good Cause

By the time of the hearing on the probation violations defendant committed during the term of probation, his probation term had expired. The trial court expressly stated, “Good cause exists for the revocation of probation, given the defendant committed new criminal conduct while on probation.”

The trial court thus satisfied the requirement of G.S. § 15A-1344(f)(3) by both finding good cause and “stating” in open court the basis for its finding of good cause. Further, in the absence of any objection below or contention at the trial level that the facts of this case did not give rise to good cause to revoke probation, we cannot conclude the trial court abused its discretion in making its determination.

We affirm the revocation of defendant’s probation.

State v. Gary (Lawyers Weekly No. 012-028-23, 7 pp.) (Toby Hampson, J.) Appealed from Lee County Superior Court (Charles Gilchrist, J.) Alexander Ward for the state; Jason Christopher Yoder for defendant. N.C. App. Unpub.

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