State v. Whitt

Summary

The North Carolina Court of Appeals affirmed the revocation of Christopher Ray Whitt’s probation based on a finding that he willfully absconded from supervision. The court held that competent evidence supported the finding, including Whitt’s departure from the DART Cherry program, periods during which his whereabouts were unknown, and failures to report or respond to supervision contacts. The court rejected arguments concerning alleged electronic monitoring and the probation officer’s failure to contact hospitals.

Holdings

1. The evidence was sufficient to support the trial court's finding that Defendant willfully absconded from supervision in violation of N.C. Gen. Stat. § 15A-1343(b)(3a).
2. Defendant's electronic-monitoring argument did not establish that his whereabouts were known or show an abuse of discretion.
3. The argument did not undermine revocation because it addressed only an alleged period from August to 27 September 2024 and did not account for Defendant's willful absconding from June to August or during October.

Questions Presented

1. Whether the trial court abused its discretion by finding that Defendant willfully absconded from probation supervision under N.C. Gen. Stat. § 15A-1343(b)(3a).
2. Whether alleged electronic monitoring and the probation officer's purported knowledge that Defendant stayed with his father defeated the finding that Defendant's whereabouts were unknown or otherwise rendered revocation improper.

Disposition

affirmed