State v. Wooten, 194 N.C. App. 524 (Dec. 16, 2008)

Affirming the trial court’s order requiring the defendant to enroll in SBM for life as a recidivist based on convictions for indecent liberties with a minor in 1989 and 2006. The defendant’s bring-back hearing was held in January, 2008, days before his release from prison. The defendant argued that the court lacked jurisdiction to hold the bring-back hearing because he did not receive notice of the hearing in the manner set out in G.S. 14-208.40B(b), that is, by certified mail “sent to the address provided by the offender pursuant to G.S. 14-208.7 [the sex offender registration statute].” Notice in this manner would have been impossible, because the defendant had not been released from prison and had not established a registration address. The court held that the failure to follow the precise letter of the statute’s notice provisions was not a jurisdictional error.