in the Court of Appeals 8 February 2017.
by Defendant from judgment entered 10 December 2015 and order
entered 10 December 2015 by Judge William R. Bell in Catawba
County, No. 14CRS052550 Superior Court.
Attorney General Joshua H. Stein, by Assistant Attorney
General Barry H. Bloch, for the State.
F. Hedgpeth, Jr., for the Defendant.
Christopher Martin ("Defendant") appeals from (1) a
judgment convicting him of first degree rape and first degree
sexual offense; and (2) a civil order subjecting him to
satellite-based monitoring ("SBM") for life. After
careful review, we affirm the civil SBM order and dismiss
Defendant's appeal of the judgment without prejudice to
any right he may have to assert his claims in a motion for
State's evidence at trial tended to show that in May
2014, Defendant verbally, physically, and sexually assaulted
his then-wife. Defendant was arrested, indicted, and later
tried for first degree rape and first degree sexual offense.
jury found Defendant guilty of first degree rape and first
degree sexual offense. Having sentenced Defendant to a
qualifying sexual offense, the trial court issued a civil
order subjecting Defendant to SBM for life.
not have jurisdiction to review Defendant's appeal as
Defendant failed to (1) file and serve his written notice of
appeal from the judgment within fourteen days of
entry; and (2) file and serve his written notice of appeal
from the civil SBM order within thirty days of
entry. See N.C. R. App. P. 3(a), (c); N.C. R. App.
P. 4(a)(2). However, we exercise our discretion and grant
Defendant's petition for writ of certiorari to
review both the judgment and the civil SBM order.
See N.C. R. App. P. 21(a).
Standard of Review
appeal, this Court reviews whether a defendant was denied
effective assistance of counsel de novo."
State v. Wilson, 236 N.C.App. 472, 475, 762 S.E.2d
894, 896 (2014) (emphasis added).