State v. Lindquist, ___ N.C. App. ___, ___ S.E.2d ___ (Aug. 18, 2020)

In this case involving rape and other sex crimes where the defendant was ordered to enroll in lifetime SBM, the court of appeals vacated the order imposing SBM because of uncertainty surrounding the evidentiary basis of the trial court’s decision.  With regard to the issue of efficacy of SBM, at the SBM hearing a DPS employee testified regarding a 2015 California study of GPS monitoring of sex offenders and that study was introduced into evidence.  However, the trial court’s order imposing SBM referred to a 2012 California study of GPS monitoring of sex offenders.  The court of appeals vacated the order and remanded for clarification as to which California study the trial court relied upon.