An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA04-1191
                                          &nb sp; 

Filed: 2 August 2005


         v.                        Harnett County
                                No. 00 CRS 10262
DERRICK ANTIONE McDUFFIE                            

    Appeal by defendant from judgment entered 26 March 2004 by Judge Franklin F. Lanier in Harnett County Superior Court. Heard in the Court of Appeals 25 July 2005.

    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.
    Judges McGEE and HUDSON concur.
     Report per Rule 30(e).

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