State v. Smith, 359 N.C. 618

Summary

The Supreme Court of North Carolina held that an unconfined defendant who appeals a district court conviction to superior court for a trial de novo remains on pretrial release during the appeal and is not simultaneously on probation. The defendant's probation therefore began when the case was remanded to the district court for execution of the judgment, making the State's probation violation report timely. The court reversed the Court of Appeals.

Holdings

1. A defendant appealing a district court conviction to superior court for trial de novo remains subject to the terms of pretrial release during the appeal and is not simultaneously on probation for the same offense.
2. Probation begins when the case is remanded to district court for execution of the judgment, not when the original judgment was entered in district court.
3. The State's probation violation report was timely because it was filed within one year after the case was remanded and probation commenced.

Questions Presented

1. Whether an unconfined defendant who appeals a district court conviction to superior court for trial de novo remains on probation during the appeal.
2. Whether the defendant's probation began on the date of the original district court judgment or on the date the case was remanded to district court for execution of the judgment.
3. Whether the State's probation violation report was timely filed.

Disposition

reversed