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State v. Barnett

Court of Appeals of North Carolina

January 20, 2015

STATE OF NORTH CAROLINA
v.
KEITH ANTONIO BARNETT

Heard in the Court of Appeals September 24, 2014

Attorney General Roy Cooper, by Assistant Attorney General J. Joy Strickland, for the State.

Guy J. Loranger for defendant.

McCULLOUGH, Judge. Judges CALABRIA and STEELMAN concur.

OPINION

Page 328

Appeal by defendant from judgment entered 10 December 2013 by Judge F. Donald Bridges in Gaston County Superior Court, Nos. 13 CRS 51451, 51461

McCULLOUGH, Judge.

Keith Antonio Barnett (" defendant" ) appeals from a judgment entered upon his convictions for failure to register as a sex offender and resisting a public officer. For the following reasons, we vacate defendant's conviction for failure to register as a sex offender.

I. Background

The record in this case tends to show tat defendant pled guilty to and was convicted of taking indecent liberties with a child in Gaston County Superior Court in 1997. As a result of said conviction, a reportable offense under N.C. Gen. Stat. § 14-208.6(4)(a), defendant was sentenced to an active term of imprisonment and required to register as a sex offender. See N.C. Gen. Stat. § 14-208.7 (2013).

At the time of defendant's conviction, N.C. Gen. Stat. § 14-208.7 required defendant to register for a period of 10 years following his release from prison in 1999. See N.C. Gen. Stat. § 14-208.7 (1997). However, the statute has since been amended several times, lengthening defendant's registration requirement to a period of at least 30 years following the date of initial county registration. See Jessica Lunsford Act for NC effective

Page 329

Dec. 1, 2008, Sec. 8, 2008 N.C. Sess. Laws 2008-117 (lengthening the registration requirement).

On 6 January 2010, defendant pled guilty to and was convicted of failing to register as a sex offender. Defendant received a probationary sentence as part of a plea arrangement.

On 15 February 2010, defendant registered as a sex offender with the Gaston County Sherriff's Office. At that time, defendant completed an offender acknowledgement whereby defendant represented that he understood the registration requirements. Defendant ...


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