STATE v. SELLARS

No. 823SC764.

301 S.E.2d 105 (1983)

STATE of North Carolina v. Gina SELLARS.

Court of Appeals of North Carolina.

April 5, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Guy A. Hamlin, Asheville, for the State.

Office of the Public Defender by William F. Ward, III, New Bern, for defendant-appellant.


JOHNSON, Judge.

The issue presented for review in this case is whether the trial judge made proper findings with respect to whether the defendant has violated, without lawful excuse, a valid condition upon which her sentence was suspended.

In a probation revocation hearing, our Courts have continuously held that a suspended sentence may not be activated for failure to comply with a term of probation unless the defendant's failure to comply is willful or without...

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