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State v. Martin

Court of Appeals of North Carolina

April 4, 2017

STATE OF NORTH CAROLINA
v.
TRAVIS CHRISTOPHER MARTIN, Defendant.

          Heard in the Court of Appeals 8 February 2017.

         Appeal 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.

          James F. Hedgpeth, Jr., for the Defendant.

          DILLON, Judge.

         Travis 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 appropriate relief.

         I. Background

         The 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.

         The 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.

         II. Appellate Jurisdiction

         We do 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).

         III. Standard of Review

         "On 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).

         IV. ...


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