State v. Moore, ___ N.C. App. ___, 792 S.E.2d 540 (Oct. 18, 2016)

The court reversed and remanded the trial court’s order imposing lifetime SBM. The trial court erred by finding that the defendant was a recidivist where the only evidence presented by the State was the oral statement of the prosecutor that the defendant had obtained reportable offenses in 1989 and 2006. The State conceded that neither witness testimony nor documentary evidence was presented to establish the defendant’s prior criminal history and that statements by the lawyers constituted the only basis to find that the defendant had been convicted of the two offenses. The court held: “Something more than unsworn statements, which are unsupported by any documentation, is required as evidence under the statute to allow the trial court to impose lifetime SBM.” The court also rejected the notion that defense counsel’s statements to the court constituted a stipulation to the two prior convictions.