KNOW YOUR RIGHTS AND THE LAW
On appeal, the defendant argued that the court erred by revoking probation in 2012 because, with no file stamps on the 2010 violation REPORTS, there was no subject matter jurisdiction for the September 2010 ORDER extending probation. The State replied that the holding of State v. Moore allows for jurisdiction to be preserved under G.S. 15A-1344(f) by a “file-stamped motion or any other evidence of the motion’s timely filing” (emphasis added), and the dated signature of the clerk of superior court should be considered as “any other evidence” in this case.The court of appeals AGREED with the defendant, concluding that the clerk’s signature was not sufficient to prove beyond a reasonable doubt that the violation reports were timely filed. With no jurisdiction to extend in 2010, everything that followed was improper, leading the court of appeals to vacate the defendant’s activated felony sentences.
The High case CONFIRMS something we already knew: file stamps are important. And if the clerk’s...
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