North Carolina Lawyers Weekly
The conditions of defendant’s probation require that he both register as a sex offender and continue to reside with his grandmother in South Carolina. Although defendant argues on appeal that the trial court erred in ordering him to live with his grandmother without first ascertaining that it was lawful for a registered sex offender to live in the grandmother’s residence given its proximity to a day care, (1) the internet search defendant cites in his brief shows the day care center is about 3,900 feet from the residence and (2) defendant had eight months while the judgment against him was stayed during which he could have addressed the issue of residence, but he failed to do so.
We affirm the trial court’s judgment and probation order. This decision is without prejudice to defendant’s right to move to modify the terms of his probation should he be able to show an inability to comply without violating South Carolina law.
State v. Kennington (Lawyers Weekly No. 012-053-21, 7 pp.) (John Arrowood, J.) Appealed from Wayne County Superior Court (William Bland, J.) Hugh Harris for the state; Richard Croutharmel for defendant. 2021-NCCOA-83
