Gregory sentencing: Faces life in prison
A man charged with murder, robbery and rape, who once declared himself the antichrist, faces a long prison stint after being found guilty Tuesday on all charges.
And I don't know that one of your emotions is addressed to this, but I assume everyone agrees that the court will need to arrest judgment as to the charge of robbery with a dangerous weapon in connection with the first degree murder of Mr Grant. And uh, as to the charge of first degree kidnapping, I assume everyone agrees the court will need to arrest judgment as to that and enter judgment on the uh, lesser offense of second degree kidnapping, based on double jeopardy considerations. All right. If those were two of your emotions and those would be allowed uh, with regard to any other emotions. If you need a moment to confer with Mr thomas, just let me know. Let me have a moment. Sure, mm. I knew that was going to be your request. Well, your honor. We would make a motion um, Based on the United States, um, Constitution under the 5th, 6th, 8th and 14th Amendment. I'm gonna have three of these types of motions, um, that um, challenging um the automatic imposition of a sentence of life without parole under our general statutes is a violation of that as a um for people who have severe mental illness, which I think it has been established throughout this trial. I don't just go ahead and make all three of emotions and do that. The second is that we would challenge um as unconstitutional, based on the 5th, 6th, 8th and 14th amendment of the United States Constitution, um the automatic imposition of a sentence of life without parole um for somebody who's only been convicted of felony murder as opposed to um premeditation and deliberation. Um And third, we would make a motion based on the 5th, 6th, 8th and 14th amendments, um um as a combination that somebody who has not been found guilty of premeditation deliberation and Um who is suffering from severe mental illness, should not automatically have a sentence of life without parole for each of those three motions. We'd also add the authority of Article 1, 27 of the North Carolina Constitution. All right. Before I address that, believe your client was aged 20 at the time of the alleged offenses. Is that correct? Yes, sir. And I would also add that an automatic life sentence to somebody who is aged 20 at the time of their offense as an extension of the middle of the Alabama guests and under article and under the 5th, 6th, 8th and 14th Amendment to the United States Constitution And Article one, section um 27 of the North Carolina Constitution, plus any other appropriate amendments of the articles of the North Carolina Constitution, including article um Uh section 19 as well. All right. I'm aware that There's been some discussion in academic circles as to whether or not Miller versus Alabama should be extended to those under the age of 21. But there's no uh controlling case law holding that is there? There is not at this point. I didn't think so. All right. All right. Then, the defendant's motions lodged under both the federal and state constitutions challenging uh, the automatic imposition of sentences of life without parole for those suffering from severe mental illness, from those convicted of first degree murder. Only under the first degree felony murder rule. And for those defendants, uh, falling within both categories is overruled and denied. Each of those emotions are on both federal and state constitutional grounds. All right. Are there any other motions before we proceed to sentencing? No, sir. All right. There's a state pray judgment at this time. Yes. Just state praise judgment. All right. Before I hear any evidence the state may have. Do you have any a prior record level sentencing worksheet? We do your honor. It looks like that's been signed. Mr Brown this morning. Yeah. Excuse me. Matt. You made 11 3%. Mm hmm. Yeah. Mhm. Mhm. Yeah. Yeah. Yeah. Yeah. All right. It does appear to the court based on the sunday some worksheet. And uh I note that there is a stipulation between counsel as to the defendant's prior record level that he is a prior record level three based on a total of well, the council has got seven points. Now I note that he's being assigned one point on the grounds that he was on probation at the time of the offense and I do recall the evidence tends to show that. But there's been no jury finding as to that sentencing point. I believe that is one that must be found by the jury unless there is an admission as to that point. And if there is an admission that at that point, if I'm not mistaken, I've got to go through a transcript with him on that. Uh Your honor. I believe even without that point, he'd still be the level three would. So my question is, does the state insist on pursuing that point? All right. I'm going to find them that he is a prior record level three offender based on a total of six points rather than seven. I'll make that change on the face of the worksheet that initially Yes, sir myself. All right. And I believe the defense agrees with that, then, is that right? Six points not something. All right. This time I'll ask if there is any other evidence for the state for purposes of sentencing, including any victim impact evidence, your honor, Stephanie Durand, who could not be here today physically uh is on a zoom call with us right now and if we could attach the audio, she would like to address the court. She's the daughter of thomas Durant. I know that at least I was informed that she was here during much of the earlier parts of the trial but could not be here at this time. Um Is there any requirement from the defense first that should be sworn and that she will be appearing remotely? No. Said we have our objection to her being appearing remotely and does not need to be sworn and under the protocol. That's I guess it's still in place right now. Uh I know some of the chief justice's, maybe all of them have been repealed but would there be any objection to her appearing remotely by zoom or webex? No sir, not from the defense. All right then. I'll be happy to hear from her then. You have talked with her about the parameters of victim impact statements. Yes. Your honor. All right. Very well. I'll be happy to hear from her then whenever you're ready. If you would just have her state her name and her relationship to the victim and then she may make whatever statement she'd like to make and your honor. We have um hooked up at the H. D. M. I. Cord so it could be at least from a larger audio perspective stream to the court. That'll be fine. Let's see Let's send it displays and meetings that one planes. Yes. Mhm. Sorry having to go ahead and run you 12 seconds. I'll let you know when they get. Yeah. Yeah. Uh huh. All right Stephanie. If you will just first before you begin just make sure you stay your for the record. What else did you want to do? Your name for the record? Her name for the record in relationship to the victim. That was it. Yeah. Just state your name for the record and what your relationship was too bad. Sure. Uh My name is Stephanie thomas and I am tom Duran's oldest daughter. All right. Good morning. And before you go any further, let me ask you the state you have a video connection to or just audio. Audio. Alright. Yes ma'am. I'll be happy to hear from you. I would like just saying that I've waited six long years to it in my father's trial. And I was there every day until last Wednesday when despite being vaccinated, I had tested positive for. I immediately notified everyone even though men I wouldn't be able to attend the remainder of the trial. I sure don't go as plan. But I had a dear friend who assured me that I had done what was best for my father as well as everyone else. So from isolation, I redo my impact statement. Here's an excerpt from a journal entry Dated January 31, 2016. And I had addressed this to my father. This world is unfair. I see my son's eyes light up with wonder and there's so much beauty he has yet to see in this world. While I have seen the depth of its darkness, I never want him to see that darkness. I often think when I'm holding my son of Berlin, did your mom hold you as a baby and wonder how your life would end up? I wonder what she imagined for you. Then it breaks my heart because I could never look at my son and imagine the same fate for him that took you. The world is a horribly sad place, dad. And it's even worse without you here. I'm still waiting to wake up from this horrible nightmare, August 31, 2015. I was the first family member at the scene. I was also 20 weeks pregnant. That moment life seemed to slow down almost stop. I remember every detail still vividly. Dad's dusty brown Toyota to come. My truck was parked in the back of the line where it always was. The pawn shop lights were all on and the door propped open. So bikes for sale. We're still outside. As soon as I was able to process this and the presence of the crime scene tape, my heart shattered. Even though on the way to the scene, dad didn't answer his cellphone. I knew then that something had happened. Dad was always available and accessible when there was no one to count on. Dad was there. He was the one person I could always count on. Despite the situation timer place at the scene, I patiently waited in the many city parking lot for an officer to deliver the confirmation. I'm sorry your father has died 20 weeks pregnant with my first child, my family's first grandchild. I had so many swarming suffocating thoughts. I couldn't breathe. I had to deliver this news to my 23 year old sister over the phone and hear her cry out and disbelief. I had to tell my 17 year old sister to stay strong for mom because she was driving to the scene. Mom didn't need to hear that while driving. I saw my mother arrived on the scene and watched my youngest sister hold her as she crumpled over. In that instant I saw my mom's world collapsed and her heartbreak. I continued to notify other family members and friends of the worst event of my life. Now. Those are memories and images that never fade, seeing and hearing heart shatter people I love with all my heart, people that love Dad saying the moment their hearts broke and their lives were altered. But what really troubles me for a while was not knowing. The last thing my father thought for the last thing he saw and all I can do is hope the last thing he saw was just the pawnshop as he was pushing that guy again. Yeah. And the last thing he thought was that he was coming home. It is an understatement to say that we will never be who we were before this happened. For a while. I was unwilling to accept the fact that my wife had to go on without him. I wasn't writing. Yeah. I remember wanting the whole world to stop and I just wouldn't. For years I struggled with gps feet and crippling anxiety events. Suddenly I would have flashbacks to that night here, the screen job, see the white fabric hiding my father's body, I would collapse, unable to breathe and told us flashbacks laid out. These six years have been filled with a lot of counseling, grief and healing to combat this suffering. So not only do I suffer the loss of my father, I watched my sisters suffer this loss and watch my mother warned the loss of her husband, I suffered the losses of the grandpa. My son will never get to meet the it isn't just one suffering or loss, but many over the years I've grown accustomed to stopping by the pawnshop on my lunch break. Since I work right down, capitol boulevard pops would always buy me lunch and we would just sit in chad until I had to return to work. And then I met How old my God Pops, eyes would light up every time I visited him. He'd stop everything he was doing and announced to everyone in the pawn shop that I was his oldest daughter and he always looked so proud. Oh how I miss those lunch visits and chatterbox. One of the last things pop said to me during a lunch because it was being pregnant. My life wasn't about me anymore. I have my own family to take care of. That would help me press through. Even when I thought I could. Yeah, for the remainder of my pregnancy I lost so much weight that the doctor urged me. Even if it was the only thing I could be, they just have a milk shape because I needed the calories. Okay. My PTSD infringed on my sleep. To the point I needed Ambien. My doctor said side effects of this trauma distress. The insomnia were of more harm to my baby than Ambien a controlled substance. I pressed on with my life because I had to. My son pops would have done anything for us girls and I was going to be that same role model for my son. Pops had worked so hard and never gave up and he'd never let us give up either. But no one prepares you for after traumatic loss or all the aspects of life in which you continuously have to acknowledge their absence. Getting vital records printed and seeing the word deceased. Ex to the field label father doctors offices, questioning father's health history and cause of death. The awkward stunned silence after disclosing that it was homicide for one year. Then three year old son asked why he doesn't have a grandpa like the other kids at school do. Uh huh. See I didn't just lose my father on August 31, 2015 I lost lose and continue to lose and more in his presence several times a year. Whether it's at birthdays, holidays or various other life events these past six years that I've waited for the trial. I have also endured the hardest years of my life. I was forced to endure and conquer this journey without the presence of my father best friend and number one supporter years prior while discussing the importance of the will. Dad told me that if anything ever happened to him he wasn't worried about me. He said he knew I'd make it well pumps I have and will continue to make it because it's in my blood. Mhm Kendra graver pre murdered my father removing him from this world. But everything my father was is in that you're and blood that runs through my veins and I saw this quote that is just so perfect. It says I believe what we become depends on what our fathers teach us at odd moments when they aren't trying the teachers, we are formed by their scraps of wisdom. What's that? I believe I am part of my father's legacy. Something Kendrick can never touch in the end. What is life? But the lives you influence and the moral g model encourage and instill them around you. Mhm Pops was forceful, hardworking and motivated. He believed in being honest, a good neighbor, helping those less fortunate and always staying there for the lunging love. Hendrik murdered a great man and in my eyes, the best part animal model. Yes, I continue to be so grateful to have had my father in my life for as long as I did. I want my pops to know that I have a beautiful life and I fight so hard to be thankful for it every day. Pops I love this quote and had displayed on his vanity and fillets longer. What we think or what we know or what we believe is that the end of little consequence. The only consequence is what we do. My father's murderer has burdened me with hearing the true secrets of community that a human, what we are is capable of such an atrocity. Yeah. We teach our Children not to fear monsters in closets are under our beds when the true monsters walk among us despise what I think. What I know what I believe because of my father's murder really is of little significance. The only thing that sickness of significance is what I do now. While I have seen the depth of its darkness, I will fight with so much ferocity to continue seeing all the beauty this world has to offer. I will spread kindness, love hope as well as scraps of my father's wisdom that were passed on to me. Mhm. I will hold my little boy, gazing into his innocent eyes full of wonder and have hope that everything dad offered this world as well as all the love, beauty, kindness and hope that I offer will create a world with fewer tragedies, fewer monsters and fewer humans like Kendrick 50 is the old man. This is your justice. Yeah, thank you. Thank you very much. Questions. Thank you. You won't keep the live stream. You're going all right. Is there other victim impact evidence from any person in connection with any of the offenses, your honor? Um, First of all, I can't improve on Stephanie's words. Um, and the other victims have not been able to come today, but um, we imagine that they all have been affected in similar ways. And Miss Young might want to speak to Mr Davis, who she's developed a relationship with over the course of this trial. Yes, ma'am, Yes, ma'am, Michelle, thank you Are. Um We did speak to Miss Davis asking if she I wanted to be present. Um, you know, over six years, Justice Mr Durand's daughter just spoke of the waiting in the process of it. Um, she wanted the court to know that this is not going to define who she is. Um and I think that's been evident from the person that she's become. Um and she's resolved to to go on and get not let what this defendant did to her and took from her um define who she is and wanted to thank the court for their patients and both sides for what's happened. Thank you. All right. I certainly will give the state an opportunity to be heard with regard to sentencing a little later. Is there any additional evidence? No, your honor. All right, thank you. All right. Is there any evidence or showing for the defense for purposes of sentencing? No, no new evidence Shawn. I'd just like to be heard at the appropriate time. Alright, I'll be more than happy to hear from you. Yes, sir. Right now, I'm sorry. Before I do, I neglected to address this emotion. Two challenge or The automatic imposition of life without parole for someone under the age of 21, which would be simply an extension of miller versus Alabama, which motion also was made under both federal and state constitutional grounds is denied for the record. So I neglected to address that one. All right. Yes, sir. I believe you just did address the other three severe mental illness, felony murder only and The combination of the two. I don't think I addressed the age issue. Um, your honor before I get started a procedural matter or something. I don't know that we ever put on the record the bench conference concerning polling. We did not thank you for reminding me of that. Uh, we had a very brief conversation with it right before the jury came back. And then, uh, I know after the verdicts were read by the clerk and I asked if there were any motions you asked to approach the bench and I think there was some confusion. That's too what we were going to do because of our bench conference. If I recall correctly, I asked counsel for both the state and the defendant if they intended to move to poll the jury in the event of a verdict adverse to the party state said state didn't know uh, they were going to think about and I believe council, the two of you said you probably would. And I asked would it be asked to all charges or only some of the charges? And my memory is that you said you wanted to discuss that a little further and I told you I would just give you a chance to do that and would send the jury out if necessary to enable you to have that time. And I think that was in summary what was discussed at the bench conference. Is there anything else I believe that that is correct. All right. Was exactly what we talked about and I can't remember if we had a I think the jury was sent out if my memory is correct. And then mr thomas and I made a request to paul and the three I'm offenses for which um we didn't end up falling the most serious, serious people serious. All right, thank you for reminding me to do that. All right. I'll be happy to hear from you, Yes, sir. Um Your honor. Um First of all, I I would like to thank mr and and for her statements as well and I hope it has been obvious throughout this trial and throughout this procedure is that as much and as hard and as strongly as we believed in our defense of Kendrick, that throughout the entire time hearts have gone out um to the victims of this terrible day, that we in no way have ever sought to undermine the tragedy of what has happened um with it. Um, I would like to say that I know that this court has been involved in this case um for close to two years, and that's about as long as I've been in the case, and I think that throughout this entire process, the issues have always centered around Kendrick's mental health issues in this time. Um there's, I think no doubt that in 2015 he was suffering from severe mental illness, it's been called, you know, it was called many different things, but I think the general consensus is that he suffers suffered from schizo effective disorder. I will say in one of my strongest beliefs, one of the strongest things I have felt, I remember in a hard time is this was another failure of a mental health system that does not give the type of care and treatment to poor people in this country and in this community, that should happen. And the results are often tragic and sad and probably no more than I could think. So in this case, it has been it's a belief I had beforehand, but it's been almost more eye opening in this case than anything I have ever encountered about it. We asked the court to take a look at, and I realize based on the law and your recent rulings, that is going to be a sentence of life without parole will be one of the sentences. Obviously in other sentence cases, there is appropriate for the court to consider mitigating circumstances. I do believe that um mitigating circumstance number three under 15 8 13 40.16 Number three, the defendant was suffering from a mental or physical condition that was insufficient to constitute a defense But significantly reduced the defendant's culpability for the offense is appropriate. I believe number four is appropriate to the defendant's age and maturity are limited mental capacity at the time of the commission of the offense, significantly reduced the defendant's culpability for the offense and to the extent that the court does not feel that either of those perfectly match. Although we contend that both do, then I would ask the court to consider Mitigating circumstance under the catch on # 21. All right, thank you. All right. There's the stake here to be heard. Yes. Your honor. Yes, sir. Um Your honor. While the state has never denied, the defendant had a mental illness and has a mental illness, the jury's verdict has told the court that he didn't know the difference between right and wrong and the nature of the quality of his actions when he shot Lennon Alvarenga in the back and stole his money when he raped um the victim um later that day and when he shot mr Durant in the back of the head, also when he robbed the international foods. This was a day that rocked the community. Uh There were major crime scenes all over. Um And um obviously a huge search went to to capture uh the defendant who really just kind of devastated the community that day. Um And again, but because of the jury's verdict, um I'd ask that you sent us into life without parole is the law requires to the first degree murder. Um He's a level three for Senate scene. We'd ask for 317 to 441 months for the first degree rate, followed by 207 months to 309 months in the first degree sex offense. Uh We would ask for a sentence of 33 to 52 months in the second degree kidnapping, Um followed by a sentence of 96 228 months for the assault with a deadly weapon with intent to kill inflicting serious injury, and then 73-100 months for the robbery of Linen Alvarenga and 73-100 months for the robbery of international foods. We understand you'll arrest judgment on The robbery of Thomas, Durant, pursuant to the felony murder rule. Uh and we'd finally asked for 17-21 months for the possession of firearm by Felon. Thank you. Judge. Thank you. Mr. Gregory. You have the opportunity to make a statement uh on your own behalf if you would like. Uh you're not required to it's entirely up to you. But would you care to uh address the court concerning the sentences in your case? All right. Let the record reflect the defendant simply shook his head. Uh No or in the negative. All right. Uh Give me just a moment please. Yeah. No thank you. Just say one quick thing. Could consider also the possibility of having him recommendation that he be placed in protective custody. I certainly am going to recommend psychiatric or psychological treatment. Uh Why do you see the need for protective custody? Yeah. Yeah. Based on both the charges and his mental health. All right thank you. Mhm. Okay. Thanks. Yeah. Oh shit. Yeah mm. Yeah. Mhm. Yeah. Mhm. What was the effective date of the 300 month minimum on the one felonies you talking about? I believe it's December 1, 2011. Your honor. Yeah. That's regardless of the existence of any mitigating factors, if I recall, that's a mandatory minimum 300 is it not? Um What three The 300 month minimum applies to the rape of a child under the age. It's not apply to. This does not apply in this case based on the age of the victim. But the 60s were proceeding on the forcible rape theory, correct? All right. Mhm. Yeah. Okay. Yeah. Mhm. Yeah. Yeah. Okay. Yeah. Mhm. Mhm. Mhm. Yeah. All right. Stand up please. Mr Gregory and protect these judgments please. Yeah. And 15 CRS 219491. The defendant was found guilty by the jury of the offense of first degree murder. The court need not make any prior record level, finding nor findings and aggravation or mitigation because the sentence is mandatory. Having considered the evidence and the arguments of counsel, it's ordered that the defendant is sentenced to life imprisonment without parole. He certainly should receive credit for any time spending confinement prior to the date of this judgment. As a result of the charge, court costs are tax against him simply as a criminal judgment. The court will recommend substance abuse treatment for the defendant and uh, psychiatric and or psychological counseling and treatment for the defendant while he is in the division of adult correction. I would ask that the state provide the clerk with a list of his medications from Central Regional. Let's attach that to the judgment. Please, madam clerk. Yeah. Mm hmm. Yeah. As to the charge of robbery with a dangerous weapon which was count two and 15 CRS 219491 judgment is arrested under the uh merger principles of double jeopardy. Yeah. Mhm. 15 CRS 219539 Count to the defendant was found guilty of the offense of first degree rape. There are no aggravating factors the court will find in mitigation. Yeah. Number three that the defendant was suffering from a mental condition that was insufficient to constitute a defense but significantly reduced his culpability for the uh defense also uh find that this is a reportable uh conviction and will make the findings necessary under form A O. C. Dash cr dash 6 15 side one. Having considered the evidence and the arguments of counsel, it's ordered that the defendant is sentenced to a minimum term of 240 months with the corresponding maximum term of 348 months to run the exploration of the sentence previously imposed. I'll make the same uh findings regarding subsidies, treatment and psychiatric or psychiatric and psychological treatment. Uh all the calls for simply imposed under the life judgment. And I think, you know this, I didn't say that is a B1 felony and I neglected to find that he is a prior record level three offender Based on a total of six and 6 points As to the Class B two felony of attempted first degree sex offense. That is Count one In 15 CRS 219539. Again, it's uh, he's a prior record level three offenders. Six points, no findings and aggravation. I'll make the same mitigating factor finding mitigating outweigh the aggravating. I neglected to say that in the previous judgment that does in this judgment also, So that he sent us to a minimum term of 160 months And a corresponding maximum of 252 months to run at the expiration of the Senate's for first degree rape. As to the charge of first degree kidnapping and 15 CRS 219540 The court arrests judgment as to first degree kidnapping again under double jeopardy principles in the court, instead will sentence the defendant for the lesser offense of second degree kidnapping. Again prior record level 3 6 points. No findings and aggravation. I'll make the same finding in mitigation, mitigating. Outweigh the aggravating. You'll be sentenced from the mitigated range. Have to consider the evidence, the arguments of counsel in the defendant's statement. It is ordered that he sentenced to a minimum term of uh this is a class e felony of 24 months, with the corresponding maximum term of 41 months to run the exploration of the sentence for attempted uh first degree sex offense. Yeah. And 15 CRS 219492 This is the charge of assault with a deadly weapon with the intent to kill inflicting serious injury. Count one Prior record. Level 3 6 points. No findings and aggravation. I'll make the same mitigating uh factor finding, mitigating outweigh the aggravating, having considered the evidence and the arguments of counsel. His word that he sentenced to a minimum term of. And this is a class C felony of 72 months. The corresponding maximum term of 99 months to run at the exploration of the sentence for second degree kidnapping. And the same findings and all of these judgments regarding substance abuse treatment and psychiatric or psychological treatment. Now as to the charge of Robbie with a firearm in that same phone number. This is the Alvarenga uh assault and robbery. 15 CRS 219492 That's a class D felony Prior record level 3 6 points. No findings and aggravation. I'll make the same mitigating finding and having a sort of the evidence of and the arguments of counsel has ordered that he sentenced to a minimum term of 60 months and a correspondent maximum term of 84 months to run at the exploration of the class C felony assault. Mhm mm hmm. All right with regard to the class D robbery with a dangerous weapon And 15 crs 219654 in the class G felony of possession of a firearm by a convicted felon In 15 CRS 21955 1st as to that robbery. Uh Again that's a class D prior record level three aggravating factors. I'll make the same mitigating factor. Having considered the evidence, the arguments of counsel, it's ordered that he sentenced to a minimum term of 60 months with a corresponding maximum 84 months run at the expiration of the sentence for the Knights and robbery and then last as to the class D. Felony possession of a farm by convicted felon 15 CRS 219 655 That's the class D felony possession of a firearm by convicted felon Prior record. Level 3 6 points. No findings and aggravation. I'll make the same mitigating finding having considered the evidence and the arguments of counsel disorder. That is sentenced to a minimum term of 12 months with the corresponding maximum of 24 months. But they may run consecutively. No I'm sorry. That may run concurrently With the uh international foods robbery in 15 CRS 219654. All right. Now before I move on to the findings and form number 6:15 I'm going to ask the parties. I'm sure you've been listening and writing down the sentence sentences imposed. Are they all correct? Because I hate to have to do any amended judgments. I think they're correct from the sentencing chart, but uh the minimums appear to be within the mitigated range in each case for each of the offenses. And do I have the correspondent maximum sentences correct? In particular with regard to the to sex crimes. And I believe I'm correct in that the 60 month and has enhancement does not apply to the second degree kidnapping. Let me just have a moment. Your honor. You may. You may you may sit down. Sure. Of course. Okay. Yes, mm. Mhm. Months are correct. Your honor. From the state's perspective, we think that you have correctly stated the judgments and they're all from the mitigated range. All right then. As to the sex offenses, Madam Clerk. Uh This is from form 6 15. The court does find that the defendant has been convicted of a reportable conviction specifically first degree rape and attempted first degree sex offense. These are sexually violent offenses under N. C. Gs 14-2 oh 8.6. Subsection five. The defendant has not been classified as a sexually violent predator, he is not a recidivist. Uh The offenses are aggravated Offenses Under 1400 n. CS. 14 days to 8.6. The this young you've checked on this form that the offense did involve the sexual abuse of a minor. Given your Theory of the case, I understand she was under six The age of 16 May. The court make that finding. I think I can, but I wanted to make make sure you have any case law. One point my wife case on point that I would be able to sight to your honor, but I've had cases that have planted sexual battery before, where it was played down from a benefits involving a statutory situation of sexual battery. And the court has still allowed me to make that finding. I believe it is a fact specific finding that's made. And uh, in light of her age, I will find that the offense involved the sexual abuse of a minor, frankly, it's academic in this case anyway. Uh, and uh, based upon these findings, uh, the court does order that upon the defendant's release from imprisonment, that he shall register as a sex offender with regard to the need for satellite based monitoring. The court simply will order that prior to his release. Uh, he shall be brought back to this court for a hearing on the need to determine. I'm sorry for a determination of the need for a satellite based uh, monitoring. All right. Is there anything else that the court needs to do uh in connection with any of these offenses? From the perspective of the state? No, you're all right. I assume you want to give notice of appeal at some point. Yes. I was going to give notice of appeal to the Court of Appeals and asked that the appellate defender's office point. All right. Please note madam clerk that the defendant does give notice appeal to the north Carolina Court of Appeals based upon his indigency, I will uh appoint the office of the appellate defender to represent the defendant, and bond is denied. Anything else. From the defendant's perspective, anything else in the state simply would ask that for the surviving victims in this case, that the court order the defendant to have no contact with them. All right. Uh, if you would on the age of the judgments of first degree murder, first degree rate, first degree sex offense, second degree kidnapping and it was attempted first degree sex offense and the uh robberies and the alphabet assault assault with a deadly weapon with the intent to kill inflicting serious injury. Please note that the court orders that the defendant shall not have any contact directly or indirectly, including any electronic communicate through any electronic communication with any of the victims. Anything else in the state Chef is back in custody then. Mhm. Mhm. Alright. Council, as I stated, when the case uh was submitted to the jury again, I thank you very much for your professional listening throughout this entire trial. It's certainly a very difficult trial and you're all just outstanding lawyers. Uh I'm not going to adjourn court at this time. I'm going to hang around until all these judgments are prepared so that the Wake County detention center can go ahead and transport him to D. A. C. I assume you'll be taken to central uh and hospitalized either there or McCain in the near future, but I don't know. Alright, anything else in for either side in connection with this case. If any of you have any orders I need to sign regarding expert witnesses and so forth, I'll be around this morning to do that. Or you can mail them to me at some later time. Okay? Thank you, sir. All right. The sheriff will be in recess. Thank you. Here, of course. Is a recess of the notes, please. Oh, probably 30 years. Uh huh. Yeah. Right. Mhm.