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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA12-1096 NORTH CAROLINA COURT OF APPEALS Filed: 7 May 2013 STATE OF NORTH CAROLINA v. LEROY GRIMES, JR. Pitt County No. 11 CRS 053007

Appeal by defendant from judgment entered 9 April 2012 by Judge J. Carlton Cole in Pitt County Superior Court. Heard in the Court of Appeals 22 April 2013. Attorney General Roy Cooper, by Assistant Attorney General Saurabh A. Patel, for the State. Harrington, Gilleland, Winstead, Feindel & Lucas, LLP, by Anna S. Lucas, for defendant-appellant. STEELMAN, Judge. Where defendant admitted all of the violations alleged by his probation officer and failed to show that the violations were not willful, the trial court did not abuse its discretion in revoking defendant's probation. I. Factual and Procedural Background On 5 October 2011, Leroy Grimes, Jr., (defendant) pled

guilty to possession of a firearm by a felon. The trial court

-2sentenced defendant to fifteen to eighteen months imprisonment, suspended the sentence, and placed him on supervised probation for twenty-four months. The trial court ordered that defendant be on intensive supervision for six months. On 13 February 2012, defendant's probation officer filed a violation report alleging that defendant had violated the

conditions of his probation by: (1) not abiding by his curfew on 4 and 10 November 2011, 5 and 19 January 2012, and 29 December 2012; (2) being in arrears on his court fees; and (3) being in arrears on his probationary fees. In an addendum to the

violation report filed on 2 April 2012, the probation officer alleged: (1) defendant admitted to using marijuana in March

2012; and (2) defendant did not abide by his curfew on ten additional occasions. A probation violation hearing was held on 9 April 2012. Defendant admitted the violations set out in the February 2012 violation report and in the addendum. The probation officer

pointed out that two of defendant's curfew violations occurred in November 2011 and asked for revocation of probation.1 Counsel

1

1 December 2011 is the effective date for the Justice Reinvestment Act. Under the new law, for probation violations which occur on or after 1 December 2011, the court may not revoke probation for violations other than those where the defendant committed another criminal offense (N.C. Gen. Stat.

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