Criminal Practice – Sex Offender Registration – Constitutional – Ex Post Facto

Defendant, who was convicted of rape in 1977, argues that the trial court’s application of the Sex Offender Registration and Notification Act to deny his petition for removal from the sex offender registry violates the ex post facto clauses of the federal and state constitution. However, we are bound by this court’s previous decisions holding that statutes retroactively imposing sex offender registration—including retroactive application of SORNA tiers incorporated into state law by G.S. § 14-208.12A(a1)(2)—do not constitute ex post facto laws.

We affirm the trial court’s order denying defendant’s petition for removal from the sex offender registry.

State v. Joyner (Lawyers Weekly No. 012-110-20, 9 pp.) (Christopher Brook, J.) Appealed from Pitt County Superior Court (J. Carlton Cole, J.) Narcisa Woods for the state; Nicholas Woomer-Deters for defendant. N.C. App. Unpub.