Smith's Criminal Case Compendium
Table of Contents
State v. Arrington, 226 N.C. App. 311 (Apr. 2, 2013)
The trial court properly required the defendant to enroll in lifetime SBM. When deciding whether a conviction counts as a reportable conviction as an “offense against a minor”, the trial court is not restricted to considering the elements of the offense; the trial court may make a determination as to whether or not the defendant was a parent of the abducted child. The defendant had a 2009 conviction for abduction of a child. Although the State did not present any independent evidence at the SBM hearing that the defendant was not the child’s parent, the trial court previously made this determination at the 2009 sentencing hearing when it found the conviction to be a reportable offense. This prior finding supported the trial court’s determination at the SBM hearing that the defendant’s conviction for abduction of a child was a reportable conviction as an offense against a minor.