State v. Bishop, ___ N.C. App. ___, 805 S.E.2d 367 (Oct. 3, 2017)

The defendant failed to preserve the claim that the trial court erred by ordering him to enroll in SBM without conducting a Grady hearing to determine whether the monitoring was reasonable under the Fourth Amendment. After a jury convicted the defendant of taking indecent liberties with his daughter, the trial court ordered him to enroll in SBM for 30 years. The defendant did not challenge the trial court’s imposition of SBM on constitutional grounds at the hearing. Immediately after the sentence and SBM was imposed, the defendant entered a plea to two additional counts of indecent liberties with a child, evidence of which was uncovered during investigation with respect to his daughter. The trial court sentenced the defendant, found he qualified as recidivist, and ordered him to enroll in SBM for life. The defendant did not challenge this new SBM order on constitutional grounds. Nor did he timely appeal either of the SBM orders. He later filed a petition for writ of certiorari, asking the Court of Appeals to review the SBM orders. The court concluded that the defendant’s claim suffered from two separate preservation issues. First the defendant did not make the Grady constitutional argument before the trial court. Second, he did not timely appeal the SBM orders. The court went on to decline to consider the merits of his claim.