Heard in the Court of Appeals April 22, 2014.
Craven County. No. 98 CRS 915. Benjamin G. Alford, Judge.
Attorney General Roy Cooper, by Special Deputy Attorney General Joseph Finarelli, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate Defender Jon H. Hunt, for defendant.
Robert C. HUNTER, Judge. Judges BRYANT and STEELMAN concur.
Appeal by defendant from order entered 7 February 2013, nunc pro tunc
to 25 January 2013, by Judge Benjamin G. Alford in Craven County Superior Court.
Robert C. HUNTER, Judge.
Defendant Phillip Mark Jones appeals the order requiring him to enroll in satellite-based monitoring (" SBM" ) for the duration of his post-release supervision. On appeal, defendant argues that: (1) the trial court lacked subject matter jurisdiction to order SBM because the State presented no evidence that defendant was a resident of Craven County at the time of the SBM hearing; and (2) the trial court's " additional findings" supporting the highest possible level of supervision and monitoring were not supported by competent evidence. After careful review, we reverse the SBM order.
On 15 January 1998, defendant pled guilty to statutory rape; the trial court sentenced him to 173 months to 217 months imprisonment (" the 1998 offense" ). While defendant was serving his prison sentence, the North Carolina Department of Public Safety (" DPS" ) sent him notice that it had scheduled an SBM determination hearing in Craven County Superior Court after making the initial determination that defendant fell into a category that made him eligible for SBM. DPS claimed that it made that determination based on defendant's 1998 conviction in Craven County which " involv[ed] the physical, mental, or sexual abuse of a minor." Defendant acknowledged that he received the notice by signing the letter on 9 October 2012.
Prior to the SBM hearing, defendant submitted to a STATIC-99 assessment, the tool used by the Division of Adult Correction for assessing a sexual offender's likelihood for reoffending. Defendant earned a score of three points, which indicated a " moderate-low" risk of reoffending. The results of the STATIC-99 were submitted to the trial court at defendant's SBM hearing.
The trial court held the SBM hearing on 25 January 2013. Defendant stipulated that he had received notice of the hearing. As for the prior conviction, the State submitted evidence showing that, in 1994, defendant had been initially charged with first degree sex offense; however, the prosecuting attorney had reduced the charge to assault on a female, to which defendant pled guilty (94 CR 1252) (" the 1994 offense" ). In defendant's file, the trial court noted that there was a 1997 report from Dorothea Dix Hospital evaluating defendant; the psychiatric evaluation was completed before his 1998 trial for statutory rape. Although the trial court reviewed the Dix report, it " ascribe[d] no significance" to it given that it was over fifteen years old. The trial court asked defendant's probation officer how ...