State v. Green
211 N.C. App. 599
N.C. Ct. App.2011Background
- Green pled guilty to two counts of taking indecent liberties with a minor; prior charge of indecent liberties with a minor existed.
- The trial court sentenced Green to 25–30 months in DOC custody and recommended the SOAR program.
- A SATELLITE-BASED MONITORING (SBM) eligibility hearing was held under N.C. Gen.Stat. § 14-208.40A, continued 21 months for evidence gathering.
- DOC risk assessment placed Green at moderate-low risk; SBM order later determined Green requires the highest possible level of supervision.
- Green appealed SBM order claiming lack of support for highest level of supervision; the issue involved consideration of additional factual findings.
- Appellate review focused on whether the trial court properly relied on DOC assessment and additional findings to enroll Green in SBM for five years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the findings support highest supervision level | Green contends findings do not support highest level. | Green argues DOC moderate-low plus add'l facts justify highest level. | Findings 1 and 3 support highest level. |
| Whether the court erred by relying on the conviction’s factual context | Green argues underlying facts cannot bolster supervision level. | Court may consider factual context beyond the offense and DOC risk assessment. | Proper to consider factual context in determining supervision level. |
| Whether additional finding two (domestic violence) is supported | No competent evidence supports multiple domestic-violence acts. | Evidence may support the finding if properly established. | Finding two not supported by competent evidence; vacatur not warranted for that finding. |
| Whether additional finding three (no sex offender treatment) is supported | Finding three supported; Green admitted no completed treatment. |
Key Cases Cited
- State v. Kilby, 198 N.C.App. 363 (2009) (review of SBM findings and risk assessment standards)
- State v. Morrow, 200 N.C.App. 123 (2009) (untreated sex offender treatment relevance to supervision level)
- State v. Davison, N.C.App. (2009) (context of conviction not always considered for aggravated offense; not controlling here)
- State v. Bowditch, 364 N.C. 335 (2010) (SBM/regulatory scheme constitutional considerations)
- State v. Bare, 197 N.C.App. 461 (2009) (SBM proceedings treated as civil regulatory scheme; need written notice for appeal)
- State v. Powell, 254 N.C. 231 (1961) (stipulated facts may substitute proof and support aggravating factors)