STATE v. HOLMES

No. 283PA06.

646 S.E.2d 353 (2007)

STATE of North Carolina v. Nicholas HOLMES.

Supreme Court of North Carolina.

June 28, 2007.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Amy C. Kunstling, Assistant Attorney General, and Robert C. Montgomery, Special Deputy Attorney General, for the State — appellant.

Jeffrey Evan Noecker, Wilmington, for defendant-appellee.


NEWBY, Justice.

This case presents the issue of whether a suspended sentence can be challenged when appealing the trial court's order revoking probation and activating the sentence. We hold that a direct appeal from the original judgment lies only when the sentence is originally entered. Accordingly, we reverse the Court of Appeals as to that issue.

Defendant pled guilty on 11 March 2004 to second-degree kidnapping, assault inflicting serious bodily injury...

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