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STATE of North Carolina v. Jermel Toron KRIDER

Supreme Court of North Carolina2018-09-21No. No. 68A18
818 S.E.2d 102

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Opinion

majority opinion

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 courts decision to revoke defendants 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 defendants probationary term expired prior to the date of the probation violation hearing and holding that the trial court lacked jurisdiction to revoke defendants probation after his case expired. State v. Krider , --- N.C. App. ----, ----, 810 S.E.2d 828, 833 (2018).

MODIFIED and AFFIRMED.