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STATE v. THOMAS

No. COA12-667.

741 S.E.2d 384 (2013)

STATE of North Carolina v. Franklin Roosevelt THOMAS, Sr.

Court of Appeals of North Carolina.

February 19, 2013.

Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Joseph Finarelli , Special Deputy Attorney General, for the State.

Staples S. Hughes , Appellate Defender, by Andrew DeSimone , Assistant Appellate Defender, for defendant-appellant.

STEELMAN, Judge.

Where the trial court's order for satellite-based monitoring (SBM) of defendant was based upon improper findings of fact, this matter is remanded for a new SBM hearing.

I. Factual and Procedural History

Franklin Roosevelt Thomas, Sr., (defendant) was either dating or married to the mother of A.B., age 11 at the time of trial. A.B. disclosed that defendant had "touch[ed] her inappropriately." Defendant was indicted on two counts...

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