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STATE v. GARDNER

No. COA08-1094.

685 S.E.2d 115 (2009)

STATE of North Carolina v. Jeffery GARDNER.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Counsel Hilary S. Peterson, for the State.

Jason G. Goins, Asheboro, for defendant-appellant.

CALABRIA, Judge.

Jeffery Gardner ("defendant") appeals from the trial court's order directing him to enroll in satellite-based monitoring ("SBM") pursuant to N.C. Gen.Stat. § 14-208.40B (2007). We vacate and remand for rehearing.

On 12 July 1993, defendant was convicted of indecent liberties with a child. On 7 August 2003, defendant was convicted of indecent liberties with a child and attempted second degree sexual offense. Defendant received an active...

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