State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1347

§15A‑1347.  Appeal from revocation of probation or imposition of specialprobation upon violation.

When a district court judge,as a result of a finding of a violation of probation, activates a sentence orimposes special probation, the defendant may appeal to the superior court for ade novo revocation hearing. At the hearing the probationer has all rights andthe court has all authority they have in a revocation hearing held before thesuperior court in the first instance. Appeals from lower courts to the superiorcourts from judgments revoking probation may be heard in term or out of term,in the county or out of the county by the resident superior court judge of thedistrict or the superior court judge assigned to hold the courts of thedistrict, or a judge of the superior court commissioned to hold court in thedistrict, or a special superior court judge residing in the district. When thedefendant appeals to the superior court because a district court has found heviolated probation and has activated his sentence or imposed special probation,and the superior court, after a de novo revocation hearing, orders that thedefendant continue on probation under the same or modified conditions, thesuperior court is considered the court that originally imposed probation withregard to future revocation proceedings and other purposes of this Article.When a superior court judge, as a result of a finding of a violation ofprobation, activates a sentence or imposes special probation, either in thefirst instance or upon a de novo hearing after appeal from a district court,the defendant may appeal under G.S. 7A‑27. (1977, c. 711, s. 1; 1977,2nd Sess., c. 1147, s. 14.)