[DOWNLOAD] "State v. Kilby" by North Carolina Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Kilby
- Author : North Carolina Court of Appeals
- Release Date : January 21, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Defendant was ordered to enroll in satellite-based monitoring for five to ten years after release from prison for numerous sexual offenses. Defendant appeals, arguing the trial court erred in (1) finding defendant ""required the highest possible level of supervision and monitoring"" as the evidence did not support this finding and (2) ordering defendant to enroll in satellite-based monitoring for an indefinite period of time. Defendant also claims ineffective assistance of counsel as his attorney failed to make a proper argument that ordering him to enroll in satellite-based monitoring violated the constitutional prohibition on ex post facto law. For the following reasons, we reverse. I. Background On or about 25 April 2002, defendant pled guilty to one count of second degree sexual offense and six counts of indecent liberties with a child. Defendant was sentenced to serve a minimum of 65 months and a maximum of 87 months in prison. Around August of 2007 defendant was released from prison and placed on post-release supervision for five years. On or about 21 February 2008, after a hearing the trial court found:
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