State v. Thomas, 225 N.C. App. 631

Defendant Thomas pled guilty to one count of indecent liberties with a child; sentenced to 16–20 months.
SBM (satellite-based monitoring) hearing followed prison sentence to determine post-release monitoring level.
STATIC-99 risk assessment scored 0 (low risk) due to age and prior offenses.
Trial court added unsworn, hearsay-like evidence (A.B.'s mother's statements) as factors.
Static-99 factors already considered age and prior offenses; new findings could not rely on those factors.
Court vacated SBM order and remanded for a new SBM hearing; also vacated the “offense against a minor” basis for SBM.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether STATIC-99 low risk supports maximum SBM.	Thomas argues STATIC-99 shows low risk; additional findings needed.	Thomas argues trial court erred by relying on unsworn/unsupported findings.	Remanded for new SBM hearing; improper reliance on extra findings.
Whether conviction qualifies as offense against a minor to authorize SBM.	State contends offense against a minor supports SBM.	Thomas contends not an offense against a minor; could still be sexually violent offense.	Offense against a minor not established; however, sexually violent offense basis may authorize SBM on remand.

State v. Williams, 362 N.C. 628, 669 S.E.2d 290 (2008) (the standard for reviewing SBM findings hinges on competent evidence)
State v. Cooke, 306 N.C. 132, 291 S.E.2d 618 (1982) (traditional standard of review for factual findings)
Kilby, N.C. App. at _, 679 S.E.2d 434 (2009) (remand when evidence could support higher risk; cannot rely on STATIC-99 alone)
State v. Morrow, 200 N.C. App. 123, 683 S.E.2d 754 (2009) (additional findings required when STATIC-99 shows low/moderate risk)
State v. Jarvis, N.C. App. at _, 715 S.E.2d 252 (2011) (additional findings must be competent and not duplicative of STATIC-99)
State v. Green, N.C. App. at _, 710 S.E.2d 292 (2011) (unsworn statements cannot support findings)