STATE OF NORTH CAROLINA
v. Guilford County
Nos. 06 CRS 24111, 24193
FRANKLIN JERMAINE DAVIS,
Appeal by defendant from judgments entered 20 November and 27
December 2006 by Judge Richard L. Doughton in Guilford County
Superior Court. Heard in the Court of Appeals 24 September 2007.
Attorney General Roy Cooper, by Assistant Attorney General
Stormie D. Forte, for the State.
Bryan Gates for defendant-appellant.
On 30 May 2006, Franklin Jermaine Davis (defendant) pled
guilty to two counts of felony obtaining property by
false pretenses and two counts of felony financial identity fraud.
The trial court sentenced defendant to two consecutive sentences of
twelve to fifteen months, which were suspended for thirty months
while defendant was on supervised probation.
On 5 October 2006, defendant's probation officer filed a probation violation report alleging that defendant had violated the terms and conditions of his probation by testing positive for marijuana and failing to obtain employment. On 6 November 2006, the trial court conducted a probation revocation hearing. At the hearing, defendant admitted to the alleged violations andadmitted that the violations were willful. Defendant also requested that his sentences be activated and that the sentences run concurrently. However, the trial court informed defendant that it could not guarantee that this request would be granted.
At the conclusion of the hearing, the trial court orally found that defendant had willfully violated the terms and conditions of his probation without a lawful cause or excuse and ordered defendant's probation be revoked and his sentences be activated. Despite the trial court's oral pronouncements at the hearing, the judgments of probation revocation reflect that defendant's suspended sentences were activated not on the basis of a finding of probation violations, but rather at defendant's election to activate his sentences. Defendant now appeals these judgments.
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