Opinion
No. COA12–1215.
2013-05-7
STATE Of North Carolina v. Anthony Brian WILLIAMSON.
Attorney General Roy Cooper, by Assistant Attorney General Ebony J. Pittman, for the State. Jon W. Myers for defendant-appellant.
Appeal by defendant from judgment entered 13 June 2012 by Judge William R. Pittman in Moore County Superior Court. Heard in the Court of Appeals 22 April 2013. Attorney General Roy Cooper, by Assistant Attorney General Ebony J. Pittman, for the State. Jon W. Myers for defendant-appellant.
STEELMAN, Judge.
Anthony Brian Williamson (defendant) appeals from a judgment entered upon his admission that he willfully violated the terms of his probation due to a subsequent criminal conviction for felony larceny. The trial court revoked defendant's probation and activated his sentence of 15 to 18 months imprisonment, which had been imposed upon his convictions for possession of a firearm by a felon and felony breaking or entering. Defendant's sole argument on appeal is that the trial court abused its discretion in revoking his probation because he never received written notification of the terms of his probation. Defendant concedes that he did not raise this issue before the trial court and thus asks this Court to review the issue for plain error under N.C.R.App. P. 10(a)(4).
It is well established, however, that “plain error analysis applies only to instructions to the jury and evidentiary matters.” State v. Greene, 351 N.C. 562, 566, 528 S.E.2d 575, 578,cert. denied, 531 U.S. 1041, 148 L.Ed.2d 543 (2000). Defendant's alleged error in this case involves neither jury instructions nor an evidentiary matter, and thus plain error analysis does not apply. Accordingly, defendant has waived his right to appellate review of this issue and, as it is the sole issue he presents to this Court, we must dismiss his appeal. Id. at 567,528 S.E.2d at 578;see alsoN.C.R.App. P. 10(a)(1) (“In order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion....”).
DISMISSED. Judges BRYANT and McCULLOUGH concur.
Report per Rule 30(e).