State v. Green, 211 N.C. App. 599 (May. 3, 2011)

Although one of its factual findings was erroneous, the trial court did not err by requiring the defendant to enroll in SBM for five years after finding that he required the highest possible level of supervision.The trial court based its conclusion on a DOC risk assessment of “moderate-low” and on three additional findings: (1) the victims were especially young, neither was able to advocate for herself, and one was possibly too young to speak; therefore the risk to similarly situated individuals is substantial; (2) the defendant has committed multiple acts of domestic violence; and (3) the defendant obtained no sex offender treatment. Distinguishing the determination at issue from the “aggravated offense” determination and the determination as to whether an offense involves the physical, mental, or sexual abuse of a minor, the court rejected the defendant’s argument that the first additional finding was erroneous because it relied on the underlying facts of the conviction. The court concluded that this finding was supported by competent evidence, specifically, the defendant’s stipulation to the prosecutor’s summary of facts provided at the defendant’s Alford plea. The court concluded that additional finding two was not supported by competent evidence. The only relevant evidence was the State’s representation that the defendant pled guilty to an assault charge involving the victim’s mother and a list of priors on his Prior Record Level worksheet, containing the following entry: “AWDWIKI G/L AWDW AND CT”. The court concluded that additional finding three was supported by the defendant’s admission that he had not completed the treatment. Finally, the court determined that the risk assessment and additional findings one and three supported the trial court’s order.