Walters v. Cooper

739 S.E.2d 185, 226 N.C. App. 166, 2013 WL 1108969, 2013 N.C. App. LEXIS 282
CourtCourt of Appeals of North Carolina
DecidedMarch 19, 2013
DocketNo. COA12-1221
StatusPublished
Cited by9 cases

This text of 739 S.E.2d 185 (Walters v. Cooper) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walters v. Cooper, 739 S.E.2d 185, 226 N.C. App. 166, 2013 WL 1108969, 2013 N.C. App. LEXIS 282 (N.C. Ct. App. 2013).

Opinions

HUNTER, JR., Robert N., Judge.

Paul E. Walters (“Plaintiff’) appeals from an order denying his Motion for Summary Judgment and granting summary judgment for Defendant. On appeal, Plaintiff argues the trial court erred in concluding that Plaintiff has a “reportable conviction” which subjects him to the Sex Offender and Public Protection Registration Program. For the following reasons, we reverse.

I. Factual & Procedural History

On 16 August 2006 Plaintiff, then 19 years old, pled guilty to the criminal charge of sexual battery in Nash County Superior Court. On the same date, Prayer for Judgment was continued by the trial court upon payment of costs and attorney fees, and so long as Plaintiff did not have any contact with the victim or her immediate family. Plaintiff was not required by the trial court to comply with the registration requirements of the Sex Offender and Public Protection Registration Program.

From the date of the Prayer for Judgment Continued until November 2011, Plaintiff resided in Franklin County and was not registered as a sex offender. In November 2011, the Franklin County Sheriff’s Office notified Plaintiff that because of his conviction for sexual battery, he was required to register as a sex offender, or else be criminally charged for his failure to do so. On 30 November 2011 Plaintiff registered as a sex offender with the Franklin County Sheriff’s Office. Plaintiff filed this action on 4 April 2012, seeking (1) a Declaratory Judgment that he is not subject to registration and (2) an order directing the Office of the North Carolina Attorney General to remove his name and other information from the sex offender registry. \

[168]*168Except for the conviction in question, Plaintiff has no criminal convictions which would require him to maintain registration as a sex offender. At the hearing on Plaintiffs Motion for Summary Judgment, the parties agreed to these facts and stipulated that there was no issue of material fact before the Court. The trial court granted summary judgment for Defendant on 23 July 2012. Plaintiff filed a timely written notice of appeal. Plaintiff has remained registered during the pendency of this appeal.

II. Jurisdiction & Standard of Review

As Plaintiff appeals from the final judgment of a superior court, an appeal lies of right to this Court pursuant to N.C. Gen. Stat. § 7A-27(b) (2011).

“Our standard of review of an appeal from summary judgment is de novo; such judgment is appropriate only when the record shows that ‘there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.’ ” In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008) (quoting Forbis v. Neal, 361 N.C. 519, 523-24, 649 S.E.2d 382, 385 (2007)).

III. Analysis

Plaintiff’s sole argument on appeal is that the trial court erred in concluding that the Prayer for Judgment Continued (“PJC”) entered on his sexual battery conviction makes that conviction a “final conviction,” and thus a “reportable conviction,” such that Plaintiff must comply with the provisions of the Sex Offender and Public Protection Registration Program.

North Carolina’s Sex Offender and Public Protection Registration Program requires any individual “who has a reportable conviction . . . to maintain registration with the sheriff of the county where the person resides” for a period of at least 30 years. N.C. Gen. Stat. § 14-208.7(a) (2011). A “reportable conviction” is defined as “[a] final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses.” N.C. Gen. Stat. § 14-208.6(4) (2011) (emphasis added). Sexual battery falls within the definition of “sexually violent offense.” See N.C. Gen. Stat. § 14-208.6(5) (2011).

The term “final conviction,” however, is not defined in the registration statute. Thus, the question presented by this appeal is whether a PJC entered upon a conviction makes that conviction a “final conviction,” and therefore a “reportable conviction” for the purposes of the registration statute. After review of analogous case law and consideration of the [169]*169legislature’s intent, we hold that a true PJC does not operate as a “final conviction” under the registration statute.

After a defendant has been found guilty or entered a guilty plea, a trial court may (1) pronounce judgment and place it into immediate execution; (2) pronounce judgment and suspend or stay its execution; or (3) enter a PJC. State v. Griffin, 246 N.C. 680, 682, 100 S.E.2d 49, 50 (1957). A prayer for judgment continued upon payment of costs, without more, does not typically constitute an entry of judgment. See N.C. Gen. Stat. § 15A-101(4a) (2011). However, our Supreme Court has acknowledged that a continuation of entry of judgment may lose its character as “true” PJC and is converted into a “judgment” when it includes conditions “amounting to punishment.” Griffin, 246 N.C. at 683, 100 S.E.2d at 51.

At the outset, we note that none of the conditions imposed upon Plaintiff in this case appear to be punitive in nature, and Defendant does not contend otherwise on appeal. In fact, Defendant acknowledges that “no punitive sentence was pronounced against [Plaintiff].” “Issues not presented and discussed in a party’s brief are deemed abandoned.” N.C. R. App. P. 28(a). Accordingly, we conclude Plaintiff in fact received a “true PJC” for the purposes of our analysis.

“Where the language of a statute is clear and unambiguous, there is no room for judicial construction and the courts must give it its plain and definite meaning, and are without power to interpolate, or superimpose, provisions and limitations not contained therein.” State v. Camp, 286 N.C. 148, 152, 209 S.E.2d 754, 756 (1974) (quotation marks and citation omitted). In this case, however, the term “final conviction” has no ordinary meaning, and is not otherwise defined by the statute. In situations such as this, “[w]here the plain meaning is unclear, legislative intent controls.” Sharpe v. Worland, 137 N.C. App. 82, 85, 527 S.E.2d 75, 77 (2000). In ascertaining the legislature’s intent, our Courts should consider the statute in its entirety, “weighing the language of the statute, its spirit, and that which the statute seeks to accomplish.” Harris v. Nationwide Mut. Ins. Co., 332 N.C. 184, 191, 420 S.E.2d 124, 128 (1992) (quotation marks and citation omitted). We also assume that the legislature acted with full knowledge of prior and existing law in drafting any particular statute. State v. Benton, 276 N.C. 641, 658, 174 S.E.2d 793, 804 (1970).

Our Court has considered the precise issue presented by this appeal before, in the context of our motor vehicle statutes. See Florence v. Hiatt, 101 N.C. App. 539, 400 S.E.2d 118 (1991). In Florence,

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Bluebook (online)
739 S.E.2d 185, 226 N.C. App. 166, 2013 WL 1108969, 2013 N.C. App. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-cooper-ncctapp-2013.