State v. Sims
216 N.C. App. 168
| N.C. Ct. App. | 2011Background
- Defendant was convicted of indecent liberties with a child arising from three July 2009 Target incidents involving C.G.; he was sentenced to 19–23 months and required to enroll in lifetime SBM due to recidivist status.
- Evidence at trial included the three Target incidents, additional misconduct with another woman (Mclllwain) and a detective’s testimony that defendant had an obsession with women’s legs.
- The trial court entered SBM findings under N.C. Gen. Stat. § 14-208.40A, ordering lifelong SBM upon release.
- On appeal, defendant challenged (1) sufficiency of the evidence for intent to arouse or gratify sexual desire, (2) SBM subject-matter jurisdiction, (3) accuracy of SBM findings, and (4) whether constitutional arguments were waived.
- The court held there was sufficient evidentiary basis for the jury to infer purpose of arousal, affirmed SBM jurisdiction under § 14-208.40A, and affirmed the SBM order partly by noting the offense was a sexually violent offense; constitutional issues were not reviewed due to lack of trial objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for sexual arousal purpose | State—three Target incidents plus Mclllwain and detective testimony show arousal purpose | Sims argues Brown controls; insufficient showing of arousal purpose | Sufficient evidence to infer purpose from conduct |
| SBM subject-matter jurisdiction | SBM statutory framework grants jurisdiction | No summons/compliant; lacking jurisdiction | Jurisdiction valid under § 14-208.40A |
| Finding that offense was 'offense against a minor' | Box correctly marks actionable offense | Box incorrect; should be 'sexually violent offense' | Error to label indecent liberties as offense against a minor; but SBM order affirmed as valid under law |
| Constitutional arguments not raised below | N/A | Unpreserved constitutional claims should be reviewed | Constitutional issues not reviewed; dismissed |
Key Cases Cited
- State v. Maness, 363 N.C. 261, 677 S.E.2d 796 (2009) (context for not reviewing unraised constitutional issues)
- State v. Brown, 162 N.C. App. 333, 590 S.E.2d 433 (2004) (distinguished for evidence of arousal purpose when prior acts exist)
- State v. Williams, 700 S.E.2d 774, 2010 (N.C. App. 2010) (indecent liberties as sexually violent offense; SBM order upheld)
- State v. Kilby, 198 N.C. App. 363, 679 S.E.2d 430 (2009) (standard for reviewing SBM findings of fact and conclusions of law)
- State v. Singleton, 201 N.C. App. 620, 689 S.E.2d 562 (2010) (standard of review for SBM orders; cited with Kilby)