Smith's Criminal Case Compendium
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In re Goldberg, COA 23-1015, ___ N.C. App. ___ (Sept. 17, 2024)
In this Mecklenburg County case, petitioner appealed the dismissal of his petition to terminate his sex offender registration for improper venue. The Court of Appeals agreed, reversing and remanding to the trial court for consideration of the petition.
In 2003, petitioner was convicted of possession of child pornography in South Carolina, where he initially registered as a sex offender. In 2005, he moved to Mecklenburg County and registered as a sex offender in North Carolina. He subsequently moved to Florida, but in November of 2022, he successfully petitioned for removal from the South Carolina sex offender registry. In June of 2022, he filed his petition in Mecklenburg County, as this was the place he last resided in North Carolina. At the hearing, the State argued the trial court did not have jurisdiction under G.S. 14-208.12A as the statute requires a petitioner to file “in the district where the person resides” and petitioner resided in Florida. Slip Op. at 2. The trial court concluded that the venue was improper and dismissed the petition.
The Court of Appeals first turned to the text of the statute, noting that G.S. 14-208.12A “expressly assigns the proper district for filing a petition for (1) those with in-state convictions (the district of conviction) and (2) those with out-of-state convictions who reside in North Carolina (their district of residence).” Id. at 4. The court disagreed with the State’s contention that “filing the Petition in Mecklenburg was improper because there is no district in which it can be properly filed.” Id. at 6. Because the statute does not provide an alternative procedure for registered offenders who move out of state, “for purposes of the North Carolina Sex Offender Registry, Petitioner’s residency in North Carolina remains in Mecklenburg County.” Id. at 8. This led the court to conclude venue in Mecklenburg County was proper and the trial court erred by dismissing the petition.