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STATE v. SEAY

No. 8221SC485.

298 S.E.2d 53 (1982)

59 N.C. App. 667

STATE of North Carolina v. Wayne SEAY.

Court of Appeals of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. G. Criston Windham, Raleigh, for the State.

Kennedy, Kennedy, Kennedy & Kennedy by Harold L. Kennedy, III and Harvey L. Kennedy, Winston-Salem, for defendant-appellant.

ARNOLD, Judge.

Defendant first contends that a preliminary hearing is required before a probation revocation hearing can be held. We disagree.

G.S. 15A-1345(c), which outlines when a preliminary hearing on a probation violation is required, states "Unless the hearing required by subsection (e) is first held or the probationer waives the hearing, a preliminary hearing on probation violation must be held...." Subsection (e) requires that before probation can...

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