State v. White, ___ N.C. App. ___, 820 S.E.2d 116 (Sept. 18, 2018)

Citing prior case law, the court held that because the trial court failed to conduct a hearing to determine whether it would be constitutional to subject the defendant to SBM upon his release from a prison sentence for rape, the trial court’s order enrolling the defendant in SMB for life must be vacated and the matter remanded for a hearing. The court rejected the defendant’s argument that the appropriate remedy was to reverse without remanding for a hearing, noting that in this case no hearing whatsoever had been held on the matter.

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