State v. Krider , 818 S.E.2d 102 ( 2018 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 68A18
Filed 21 September 2018
STATE OF NORTH CAROLINA
v.
JERMEL TORON KRIDER
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, ___ N.C. App. ___, 810 S.E.2d 828 (2018), vacating a judgment
entered on 3 October 2016 by Judge Mark E. Klass in Superior Court, Iredell County.
Heard in the Supreme Court on 30 August 2018.
Joshua H. Stein, Attorney General, by Kimberly N. Callahan, Assistant
Attorney General, for the State-appellant.
Glenn Gerding, Appellate Defender, by Emily Holmes Davis, Assistant
Appellate Defender, for defendant-appellee.
PER CURIAM.
As to the issue of whether the evidence in this case could support a
determination that defendant violated N.C.G.S. § 15A-1343(b)(3a), we hold that the
State failed to carry its burden of presenting sufficient evidence to support the trial
court’s decision to revoke defendant’s probation based upon a finding that defendant
willfully absconded probation. Accordingly, we affirm the decision of the Court of
Appeals; however, we disavow the portion of the opinion analyzing the pertinence of
the fact that defendant’s probationary term expired prior to the date of the probation
STATE V. KRIDER
Opinion of the Court
violation hearing and holding “that the trial court lacked jurisdiction to revoke
defendant’s probation after his case expired.” State v. Krider, ___ N.C. App. ___, ___,
810 S.E.2d 828, 833 (2018).
MODIFIED and AFFIRMED.
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