State v. Mills, 232 N.C. App. 460 (Feb. 18, 2014)

(1) Although the State presented no evidence at the bring-back hearing establishing that the defendant received proper notice by certified mail of the hearing or that he received notice of the basis upon which the State believed him eligible for SBM, by failing to object to the trial court’s findings at the hearing, the defendant waived the right to challenge them on appeal. (2) The court rejected the defendant’s argument that the trial court lacked subject matter jurisdiction to conduct the hearing. The defendant argued that there was no competent evidence that he resided in the county where the hearing was held. G.S. 14-208.40B(b)’s requirement that an SBM hearing be brought in the county in which the offender resides addresses venue, not subject matter jurisdiction and therefore the defendant’s failure to object at the hearing waived this argument on appeal.

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