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STATE v. ROWLAND

No. 7617SC837.

233 S.E.2d 682 (1977)

32 N.C. App. 756

STATE of North Carolina v. Kenneth W. ROWLAND.

Court of Appeals of North Carolina.

April 6, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

Reginald L. Yates and Robert M. Talford, Charlotte, for defendant-appellant.

HEDRICK, Judge.

Defendant contends, and the State concedes, that Judge McConnell had no authority on 17 May 1976 to activate the suspended sentence imposed in the judgment entered in the district court on 13 August 1971.

"The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended, terminated or suspended by the court at any time, within the above...

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