State v. Jarvis, 214 N.C. App. 84

Defendant, a softball coach and family friend, engaged in sexual activity with Cayla, a minor, resulting in four felony charges of taking indecent liberties with a child.
Defendant pled Alford to four counts and was sentenced to 13–16 months per count, with suspended sentences and a 36-month probation period plus two 120-day custody terms.
After judgment, the trial court found the conviction to be a reportable offense and ordered SBM eligibility assessment under N.C. Gen.Stat. § 14-208.40A, culminating in a ten-year SBM order.
The court categorized the offense as an aggravated offense, based on findings that it involved abuse of a minor, and determined the defendant required the highest level of SBM supervision.
On appeal, issues raised include clerical error in the judgment, subject-matter jurisdiction, due process notice, whether the offense involved abuse, level of supervision, and constitutional challenges to SBM.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Clerical error in SBM order validly remanded?	Jarvis	Jarvis	Remand to correct clerical error; not addressed on the merits here.
Did the trial court have subject matter jurisdiction to order SBM?	Jarvis	Jarvis	Yes; superior court had jurisdiction under § 14-208.40A and followed proper procedures.
Was due process violated by lack of SBM notice?	Jarvis	Jarvis	No; § 14-208.40A governs; notice under § 14-208.40B is not required here due to probation/incarceration context.
Did the offense involve the physical, mental, or sexual abuse of a minor to support SBM?	Jarvis	Jarvis	Yes; finding supported by evidence that the offense involved abuse of a minor; but see remand on other findings.
Was the highest possible level of supervision proper given the risk assessment?	Jarvis	Jarvis	Court erred; must remand for proper findings as STATIC-99 indicated low risk and some findings were unsupported.

State v. Davison, 201 N.C.App. 354 (2009) (indecent liberties offense cannot be aggravated offense)
State v. Barber, 9 N.C.App. 210 (1970) (clerical errors remanded for correction)
State v. Wooten, 194 N.C.App. 524 (2008) (SBM probation notice and procedures; jurisdiction)
State v. Bowditch, 364 N.C. 335 (2010) (SBM does not violate double jeopardy)
State v. Wagoner, 199 N.C.App. 321 (2009) (SBM does not violate Eighth Amendment)
State v. Kilby, 198 N.C.App. 363 (2009) (remand when findings insufficient to support highest level of monitoring)
State v. Green, N.C.App. (2011) (standard for reviewing SBM findings; competent evidence required)