State v. Langley

In State v. Langley, 3 N.C. App. 189, 164 S.E.2d 529 (1968), the State alleged that the defendant had violated the conditions of his probation and the trial court found that the defendant had willfully violated the terms of his "suspended sentence." Id. at 190, 164 S.E.2d at 530. However, "there was no finding by the judge as to what were the terms of 'the defendant's suspended sentence' or probationary sentence or whether one was still in effect. There was no finding in what manner the defendant may have violated the conditions imposed." Id. at 192, 164 S.E.2d at 531. Our Court held as follows: When the judge holding the revocation hearing has the probation judgment before him, it is not necessary to formally introduce it into evidence. However, some reference to the judgment and the specific terms thereof that the defendant is alleged to have violated should appear in the record of the hearing. Id. Therefore, the Court vacated the order revoking the defendant's probation and remanded the case "for further hearing for the judge, in the exercise of his discretion, to determine and set out in his order whether the defendant had violated the terms of the probation judgment, and if so, what specific condition or conditions therein he had violated." Id. at 193, 164 S.E.2d at 532.