STATE OF NORTH CAROLINA
v. Harnett County
No. 00 CRS 10262
DERRICK ANTIONE McDUFFIE
Attorney General Roy Cooper, by Assistant Attorney General
Gaines M. Weaver, for the State.
Angela H. Brown for defendant-appellant.
LEVINSON, Judge.
On 16 May 2001, defendant pled guilty to selling cocaine and
was sentenced to a term of fifteen to eighteen months imprisonment.
Defendant's sentence was suspended and he was placed on supervised
probation for thirty-six months.
On 17 April 2003, a probation violation report was filed
alleging that defendant had failed to comply with the terms of his
probation. Specifically, the report alleged that defendant had
tested positive for using cocaine and marijuana; was in arrears on
the monetary conditions of his probation; had possessed a firearm;
and had been convicted in federal court of possessing a firearm.
Defendant was given notice that a probation revocation hearing was
being requested for the next session of superior court.
On 22 March 2004, a probation violation hearing was held in
Harnett County Superior Court. Defendant admitted to the firearms
violations. The trial court found that defendant had willfully
violated the terms of his probation. Accordingly, the trial court
revoked defendant's probation and activated his suspended sentence.
Defendant appeals.
Defendant argues that it was plain error for the trial court
to hold the hearing without adequate notice to him or his counsel
.
Defendant contends that the failure to give him specific notice of
the revocation hearing date violated N.C.G.S. § 15A-1345(e) and
deprived him of his right to due process.
We are not persuaded.
Defendant failed to object to the alleged lack of notice at
the probation revocation hearing. Thus, defendant failed to
preserve his argument for appellate review. See N.C.R. App. P.
10(b)(1). Second, although defendant requests that we review his
appeal under plain error,
we note that “plain error analysis
applies only to instructions to the jury and evidentiary matters.”
State v. Greene
, 351 N.C. 562, 566, 528 S.E.2d 575, 578, cert.
denied, 531 U.S. 1041, 148 L. Ed. 2d 543 (2000). Moreover, it
appears that defendant was represented by counsel and received a
full hearing.
Affirmed.
Judges McGEE and HUDSON concur.
Report per Rule 30(e).
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