{ "id": 4342843, "name": "STATE OF NORTH CAROLINA v. TERRY A. FOX", "name_abbreviation": "State v. Fox", "decision_date": "2011-10-04", "docket_number": "No. COA11-273", "first_page": "153", "last_page": "161", "citations": [ { "type": "official", "cite": "216 N.C. App. 153" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "632 S.E.2d 599", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12636333, 12636334, 12636335, 12636336, 12636337, 12636338, 12636339, 12636340, 12636341, 12636342, 12636343, 12636344, 12636345, 12636346, 12636347, 12636348, 12636349 ], "year": 2006, "pin_cites": [ { "parenthetical": "unpublished" } ], "opinion_index": 0, "case_paths": [ "/se2d/632/0599-09", "/se2d/632/0599-01", "/se2d/632/0599-02", "/se2d/632/0599-03", "/se2d/632/0599-04", "/se2d/632/0599-05", "/se2d/632/0599-06", "/se2d/632/0599-07", "/se2d/632/0599-08", "/se2d/632/0599-10", "/se2d/632/0599-11", "/se2d/632/0599-12", "/se2d/632/0599-13", "/se2d/632/0599-14", "/se2d/632/0599-15", "/se2d/632/0599-16", "/se2d/632/0599-17" ] }, { "cite": "614 S.E.2d 479", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633154 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "484" }, { "page": "484" } ], "opinion_index": 0, "case_paths": [ "/se2d/614/0479-01" ] }, { "cite": "667 S.E.2d 262", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12642012 ], "year": 2008, "pin_cites": [ { "page": "265" } ], "opinion_index": 0, "case_paths": [ "/se2d/667/0262-01" ] }, { "cite": "178 N.C. App. 742", "category": "reporters:state", "reporter": "N.C. App.", "year": 2006, "pin_cites": [ { "parenthetical": "unpublished" } ], "opinion_index": 0 }, { "cite": "359 N.C. 554", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3794414 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "562" }, { "page": "562" } ], "opinion_index": 0, "case_paths": [ "/nc/359/0554-01" ] }, { "cite": "201 S.E.2d 867", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1974, "pin_cites": [ { "page": "871" } ], "opinion_index": 0 }, { "cite": "284 N.C. 606", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563527 ], "year": 1974, "pin_cites": [ { "page": "612" } ], "opinion_index": 0, "case_paths": [ "/nc/284/0606-01" ] }, { "cite": "193 N.C. App. 220", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4162146 ], "year": 2008, "pin_cites": [ { "page": "224" } ], "opinion_index": 0, "case_paths": [ "/nc-app/193/0220-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 20", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "opinion_index": 0 }, { "cite": "324 S.E.2d 241", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1985, "pin_cites": [ { "page": "248" }, { "page": "248" } ], "opinion_index": 0 }, { "cite": "312 N.C. 553", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4753359 ], "year": 1985, "pin_cites": [ { "page": "561-62" } ], "opinion_index": 0, "case_paths": [ "/nc/312/0553-01" ] }, { "cite": "474 S.E.2d 375", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1996, "pin_cites": [ { "page": "396" }, { "page": "396", "parenthetical": "internal quotation marks omitted" } ], "opinion_index": 0 }, { "cite": "344 N.C. 198", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 867692 ], "year": 1996, "pin_cites": [ { "page": "235-36" } ], "opinion_index": 0, "case_paths": [ "/nc/344/0198-01" ] }, { "cite": "560 S.E.2d 141", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "opinion_index": 0 }, { "cite": "355 N.C. 216", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 220131, 219911, 219981, 219943 ], "year": 2002, "opinion_index": 0, "case_paths": [ "/nc/355/0216-02", "/nc/355/0216-04", "/nc/355/0216-03", "/nc/355/0216-01" ] }, { "cite": "554 S.E.2d 413", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2001, "pin_cites": [ { "page": "416" } ], "opinion_index": 0 }, { "cite": "147 N.C. App. 69", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9377955 ], "year": 2001, "pin_cites": [ { "page": "74" } ], "opinion_index": 0, "case_paths": [ "/nc-app/147/0069-01" ] }, { "cite": "185 S.E.2d 101", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "pin_cites": [ { "page": "102" } ], "opinion_index": 0 }, { "cite": "280 N.C. 170", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570333 ], "year": 1971, "pin_cites": [ { "page": "171" } ], "opinion_index": 0, "case_paths": [ "/nc/280/0170-01" ] }, { "cite": "711 S.E.2d 791", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2011, "pin_cites": [ { "page": "796", "parenthetical": "quoting State v. Payne, 280 N.C. 170, 171, 185 S.E.2d 101, 102 (1971)" } ], "opinion_index": 0 }, { "cite": "326 S.E.2d 24", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "pin_cites": [ { "page": "27" } ], "opinion_index": 0 }, { "cite": "313 N.C. 122", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4725335 ], "year": 1985, "pin_cites": [ { "page": "127" } ], "opinion_index": 0, "case_paths": [ "/nc/313/0122-01" ] }, { "cite": "679 S.E.2d 857", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 2009, "pin_cites": [ { "page": "862", "parenthetical": "internal quotation marks omitted" }, { "page": "864" }, { "page": "864" } ], "opinion_index": 0 }, { "cite": "198 N.C. App. 329", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4169390 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "335", "parenthetical": "internal quotation marks omitted" }, { "page": "339" } ], "opinion_index": 0, "case_paths": [ "/nc-app/198/0329-01" ] }, { "cite": "677 S.E.2d 444", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 8, "year": 2009, "pin_cites": [ { "page": "449", "parenthetical": "omission and first, third, and fourth alterations in original" }, { "page": "449-51" }, { "page": "451" }, { "parenthetical": "noting that \"a person's residence is distinguishable from a person's domicile^ d]omicile is a legal term of art that denotes one's permanent, established home, whereas a person's residence may be only a temporary, although actual, place of abode\" (citation and internal quotation marks omitted)" }, { "page": "451" }, { "page": "451" }, { "page": "449", "parenthetical": "citing State v. Bryant, 359 N.C. 554, 562, 614 S.E.2d 479, 484 (2005), on remand, 178 N.C. App. 742, 632 S.E.2d 599 (2006) (unpublished)" } ], "opinion_index": 0 }, { "cite": "363 N.C. 322", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4151610 ], "weight": 4, "year": 2009, "pin_cites": [ { "page": "328", "parenthetical": "omission and first, third, and fourth alterations in original" }, { "page": "332" }, { "page": "332" }, { "page": "328", "parenthetical": "citing State v. Bryant, 359 N.C. 554, 562, 614 S.E.2d 479, 484 (2005), on remand, 178 N.C. App. 742, 632 S.E.2d 599 (2006) (unpublished)" } ], "opinion_index": 0, "case_paths": [ "/nc/363/0322-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 14-208.11", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "pin_cites": [ { "page": "(a)(2)" } ], "opinion_index": 0 }, { "cite": "562 S.E.2d 26", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 2002, "pin_cites": [ { "page": "30" }, { "page": "30" }, { "page": "30" } ], "opinion_index": 0 }, { "cite": "149 N.C. App. 572", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9130206 ], "weight": 3, "year": 2002, "pin_cites": [ { "page": "576" }, { "page": "576" }, { "page": "576" } ], "opinion_index": 0, "case_paths": [ "/nc-app/149/0572-01" ] }, { "cite": "184 S.E.2d 862", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "pin_cites": [ { "page": "866" } ], "opinion_index": 0 }, { "cite": "280 N.C. 60", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569800 ], "year": 1971, "pin_cites": [ { "page": "66" } ], "opinion_index": 0, "case_paths": [ "/nc/280/0060-01" ] }, { "cite": "261 S.E.2d 114", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 5, "year": 1980, "pin_cites": [ { "page": "117" }, { "page": "117" }, { "page": "117" } ], "opinion_index": 0 }, { "cite": "299 N.C. 95", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573434 ], "weight": 2, "year": 1980, "pin_cites": [ { "page": "98" }, { "page": "99" } ], "opinion_index": 0, "case_paths": [ "/nc/299/0095-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7\u00a7 14-208.9", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "weight": 2, "pin_cites": [ { "page": "(a)" } ], "opinion_index": 0 } ], "analysis": { "cardinality": 939, "char_count": 20610, "ocr_confidence": 0.753, "pagerank": { "raw": 6.72743197525272e-08, "percentile": 0.4082817183550083 }, "sha256": "16d65338bb48ddc2fdb995dd4a44f71224d694ceb59b0a2b444291632603c698", "simhash": "1:03e5447c60aba459", "word_count": 3379 }, "last_updated": "2023-07-14T18:13:27.459138+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges BRYANT and CALABRIA concur." ], "parties": [ "STATE OF NORTH CAROLINA v. TERRY A. FOX" ], "opinions": [ { "text": "MARTIN, Chief Judge.\nDefendant Terry A. Fox appeals from a judgment entered upon a jury verdict finding him guilty of willfully failing to comply with the sex offender registration reporting requirements set forth in N.C.G.S. \u00a7 14-208.9. We find no error.\nDefendant stipulated at trial and does not dispute on appeal that he was convicted of second-degree rape on 9 February 1996 in Carteret County, North Carolina, and that, as a result of this conviction, defendant was required to register as a sex offender in the county. The record further shows that defendant did register as a sex offender in Carteret County on 2 February 2006 and that he \u201cwas required to notify the sheriff of a change of address no later than 3 days after the change.\u201d\nThe evidence presented at trial tended to show that, in 2009, Angela Wall lived in the downstairs apartment of a two-story, two-unit converted garage at 2717 Piney Park Circle in Morehead City, North Carolina. Ms. Wall worked evenings at the Crystal Clean Laundromat, and spent her days at home with her daughter and then-four-year-old grandson. According to Ms. Wall\u2019s testimony, when the apartment above hers became vacant, Ms. Wall notified her manager at the laundromat, Katina Teague, of the vacancy, who moved into the upstairs apartment shortly thereafter with her twelve-year-old son, Daren. Because of the open, external staircase leading up to Ms. Teague\u2019s apartment, and because the only barrier between the apartments was Ms. Teague\u2019s floor, Ms. Wall said that, while she was in her apartment or outside smoking, she was aware of the comings and goings in and out of Ms. Teague\u2019s apartment and could \u201chear[] everything.\u201d\nAccording to Ms. Wall, about two months after Ms. Teague moved into the upstairs apartment, defendant \u2014 who had recently begun dating Ms. Teague \u2014 also moved into the upstairs apartment. Defendant\u2019s living arrangement with Ms. Teague continued for several months until the end of December 2009, when Ms. Wall \u201cgot the word\u201d that defendant was a registered sex offender, and reported the information to her landlord and then to the police.\nDetective Harold Pendergrass with the Carteret County Sheriffs Department was responsible for overseeing the sex offender registry for Carteret County. Detective Pendergrass testified that, in November 2008, he met with defendant to review defendant\u2019s responsibilities to comply with the statutory requirements of registering as a convicted sex offender. During this visit with Detective Pendergrass, defendant completed an acknowledgement form on which defendant affixed his initials more than twenty-five times to affirm that he understood what was required of him to remain in compliance with the sex offender registry program, including the requirement that he must notify the county sheriff when he changes his address. At the time that Ms. Wall contacted the police in December 2009 to report that defendant was living in the apartment above hers in Morehead City, the detective had not been informed that defendant had changed his address from his father\u2019s residence at 177 Pagoda Court in Newport, North Carolina, to the Piney Park Circle apartment in Morehead City.\nAfter concluding his investigation of Ms. Wall\u2019s complaint, the detective obtained a warrant for defendant\u2019s arrest. Defendant was indicted for failing to notify the sheriff of his change of address as required by Article 27A of the General Statutes. See N.C. Gen. Stat. \u00a7\u00a7 14-208.9,14-208.11(a)(2) (2009). At trial, defendant moved to dismiss the charge at the close of the State\u2019s evidence and at the close of all of the evidence, which the court denied. Defendant was found guilty by a jury of willfully failing to comply with the change of address notification requirements of the sex offender registry and, on 4 November 2010, the court ordered defendant to serve a mitigated sentence of twenty to twenty-four months imprisonment. Defendant appeals.\nI.\nDefendant first contends the trial court erred by denying his motion to dismiss because he asserts that the State provided insufficient evidence that defendant changed his address. We disagree.\n\u201cUpon defendant\u2019s motion for dismissal, the question for the Court is whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant\u2019s being the perpetrator of such offense. If so, the motion is properly denied.\u201d State v. Powell, 299 N.C. 95, 98, 261 S.E.2d 114, 117 (1980). \u201cThe evidence is to be considered in the light most favorable to the State; the State is entitled to every reasonable intendment and every reasonable inference to be drawn therefrom . . . .\u201d Id. at 99, 261 S.E.2d at 117. \u201cThe defendant\u2019s evidence, unless favorable to the State, is not to be taken into consideration. However, when not in conflict with the State\u2019s evidence, it may be used to explain or clarify that offered by the State.\u201d State v. Jones, 280 N.C. 60, 66, 184 S.E.2d 862, 866 (1971). \u201c[C]ontradictions and discrepancies are for the jury to resolve and do not warrant dismissal; and all of the evidence actually admitted, whether competent or incompetent, which is favorable to the State is to be considered by the court in ruling on the motion.\u201d Powell, 299 N.C. at 99, 261 S.E.2d at 117. \u201cThe trial court in considering such motions is concerned only with the sufficiency of the evidence to carry the case to the jury and not with its weight.\u201d Id. \u201cThe trial court\u2019s function is to test whether a reasonable inference of the defendant\u2019s guilt of the crime charged may be drawn from the evidence.\u201d Id.\nAlthough the offense for which defendant was convicted is a violation of N.C.G.S. \u00a7 14-208.9, this Court has previously determined that, because N.C.G.S. \u00a7\u00a7 14-208.9 and 14-208.11 \u201cdeal with the same subject matter, they must be construed in pari materia to give effect to each.\u201d State v. Holmes, 149 N.C. App. 572, 576, 562 S.E.2d 26, 30 (2002). N.C.G.S. \u00a7 14-208.9(a) provides, in relevant part: \u201cIf a person required to register changes address, the person shall report in person and provide written notice of the new address not later than the third business day after the change to the sheriff of the county with whom the person had last registered.\u201d N.C. Gen. Stat. \u00a7 14-208.9(a); Holmes, 149 N.C. App. at 576, 562 S.E.2d at 30. A person required to register in accordance with Article 27A who \u201cwillfully . . . [f]ails to notify the last registering sheriff \u00f3f a change of address as required by this Article\u201d is guilty of a Class F felony. N.C. Gen. Stat. \u00a7 14-208.11(a)(2); Holmes, 149 N.C. App. at 576, 562 S.E.2d at 30. Read together, the offense of failing to notify the appropriate sheriff of a sex offender\u2019s change of address \u201ccontains three essential elements: (1) the defendant is a person required ... to register; (2) the defend-ant change[s] his or her address; and (3) the defendant [willfully] [f]ails to notify the last registering sheriff of [the] change of address, not later than the [third] day after the change.\u201d State v. Abshire, 363 N.C. 322, 328, 677 S.E.2d 444, 449 (2009) (omission and first, third, and fourth alterations in original) (citations and internal quotation marks omitted). Since defendant only argues that the State presented insufficient evidence that he changed his address, we limit our review accordingly.\nIn Abshire, our Supreme Court examined the definition of \u201caddress\u201d as the term is used in N.C.G.S. \u00a7\u00a7 14-208.9(a) and 14-208.11(a)(2) of the registration program, see id. at 329-32, 677 S.E.2d at 449-51, and concluded that \u201ca sex offender\u2019s address indicates his or her residence, meaning the actual place of abode where he or she lives, whether permanent or temporary,\u201d \u201cso that law enforcement authorities and the general public know the whereabouts of sex offenders in our [S]tate.\u201d Id. at 331, 677 S.E.2d at 451; see also id. (noting that \u201ca person\u2019s residence is distinguishable from a person\u2019s domicile^ d]omicile is a legal term of art that denotes one\u2019s permanent, established home, whereas a person\u2019s residence may be only a temporary, although actual, place of abode\u201d (citation and internal quotation marks omitted)). In other words, \u201cthe Supreme Court has concluded that the term \u2018address\u2019 as used in the sex offender registration statutes should be understood as describing or indicating the location where someone lives,\u201d State v. Worley, 198 N.C. App. 329, 335, 679 S.E.2d 857, 862 (2009) (internal quotation marks omitted), \u201ceven if it is a homeless shelter, a location under a bridge or some similar place.\u201d Id. at 338, 679 S.E.2d at 864. \u201cDetermining that a place is a person\u2019s residence suggests that certain activities of life occur at the particular location.\u201d Abshire, 363 N.C. at 332, 677 S.E.2d at 451. \u201cBeyond mere physical presence, activities possibly indicative of a person\u2019s place of residence are numerous and diverse, and there are a multitude of facts a jury might look to when answering whether a sex offender has changed his or her address.\u201d Id.\nIn the present case, Ms. Wall testified that, beginning about a month or two after Ms. Teague moved into the upstairs garage apartment in Morehead City, during the latter half of 2009, defendant stayed at Ms. Teague\u2019s apartment every day and evening. Ms. Wall made the following observations:\nFirst of all, I saw a duffle bag going up with him toting them. And then at night I\u2019d grill out a whole lot in the summertime. They would come downstairs and commute [sic] with us. I\u2019d see him leave with her, come back with her. In the morning time he would take her to work and come back on [sic] her vehicle at the home upstairs. I\u2019ve seen him take Daren to school and come back with the vehicle, and he drove around all day, basically, on [sic] her vehicle while she worked and brought her lunch.\nShe also testified, \u201cYou could hear them upstairs and see them up and downstairs, the stairs going in, shut the lights out and go to sleep. You could hear them upstairs.\u201d She further testified that defendant and Ms. Teague would drink beer and \u201chang out\u201d with Ms. Wall \u201c[j]ust about every weekend.\u201d Detective Pendergrass then testified that, when he interviewed defendant\u2019s father, James Fox, at the end of 2009 \u2014 with whom defendant was purportedly living during this time \u2014 Mr. Fox said that defendant \u201cha[d] not been living at the 177 Pagoda Court residence on a regular basis but instead was residing with a white female subject in Morehead City, North Carolina.\u201d Patrol Officer Tim Quillan further testified that, when he was dispatched to speak with defendant\u2019s father after Ms. Wall contacted the police, Mr. Fox \u201cadvised [the officer] that his son did not live there, [and that defendant] lived with his girlfriend somewhere in Morehead by the old Belk.\u201d Additionally, on cross-examination, Ms. Teague said that \u201c[her] son told [her] that he told [Detective] Pendergrass that [defendant] lives [with them in Morehead City].\u201d Therefore, we conclude that the State presented sufficient evidence to withstand defendant\u2019s motion to dismiss. Accordingly, we overrule this issue on appeal.\nII.\nDefendant next asserts that N.C.G.S. \u00a7\u00a7 14-208.9 and 14-208.11 are \u201cunconstitutionally vague\u201d and that N.C.G.S. \u00a7 14-208.9 was applied against defendant \u201cin an unconstitutional manner.\u201d However, defendant \u201cdid not raise his void for vagueness challenge to [N.C.G.S.] \u00a7\u00a7 14-208.9(a) and 14-208.11 (a)(2) before the trial court.\u201d See Worley, 198 N.C. App. at 339, 679 S.E.2d at 864. Thus, \u201cwe need not consider [defendant's constitutional arguments on the merits and decline to do so.\u201d See id.; State v. Creason, 313 N.C. 122, 127, 326 S.E.2d 24, 27 (1985). Accordingly, we overrule this issue on appeal.\nIII.\nDefendant next contends the trial court committed plain error by embellishing the third element of the substantive charge by defining the term \u201caddress\u201d and instructing the jury as follows:\nThird thing the State must prove beyond a reasonable doubt is that the defendant willfully changed his address and failed to provide written notice of his new address in person within three business days of receiving it to the sheriffs office listed on the address verification form.\nNow, for the purposes of the North Carolina sex offender registry statute, the North Carolina Supreme Court has determined that a person\u2019s address has the same meaning as residence. In addition, our North Carolina Supreme Court has determined that a person\u2019s address or residence is the act or fact of living in a given place for some given time and that a person\u2019s address or residence is defined as a person\u2019s place of abode, whether permanent or temporary.\nDefendant suggests that the trial court erred because it did not also instruct the jury that \u201cmere physical presence at a location is not the same as establishing a residence.\u201d See Abshire, 363 N.C. at 332, 677 S.E.2d at 451.\nDuring the charge conference in the present case, the State requested a modification to North Carolina Criminal Pattern Jury Instruction 207.75, which sets out the elements for willfully failing to comply with the sex offender registration law. See N.C.P.I. Crim. 207.75 (2009). After a brief discussion with counsel, the court provided copies of the proposed jury instructions and asked both counsel whether they had any objections to the proposed instructions. Neither counsel objected to the charge as written. Moreover, defense counsel incorporated the court\u2019s instructional language into his closing argument to the jury.\n\u201cIt is well established that a defendant who \u2018causes\u2019 or \u2018joins in causing\u2019 the trial court to \u2018commit error is not in a position to repudiate his action and assign it as ground for a new trial.\u2019 \u201d State v. Jones, _ N.C. App._, _, 711 S.E.2d 791, 796 (2011) (quoting State v. Payne, 280 N.C. 170, 171, 185 S.E.2d 101, 102 (1971)). Additionally, \u201ca defendant who invites error has waived his right to all appellate review concerning the invited error, including plain error review.\u201d State v. Barber, 147 N.C. App. 69, 74, 554 S.E.2d 413, 416 (2001), supersedeas denied and disc, reviews denied and dismissed as moot, 355 N.C. 216, 560 S.E.2d 141-42 (2002).\nThus, \u201c[although defendant labels this [issue on appeal] as \u2018plain error,\u2019 it is actually invited error because, as the transcript reveals, defendant consented to the manner in which the trial court gave the instructions to the jury,\u201d see State v. Wilkinson, 344 N.C. 198, 235-36, 474 S.E.2d 375, 396 (1996), and adopted the language from this instruction into his closing argument. Accordingly, \u201c[i]f there was error in the charge, it was invited error and we shall not review it.\u201d See id. at 236, 474 S.E.2d at 396 (internal quotation marks omitted).\nIV.\nLastly, defendant contends he was denied effective assistance of counsel because his trial counsel failed to object to testimony that defendant claims was hearsay, and failed to object to testimony that defendant spent thirty days in jail for the offense of driving while his license was revoked. \u201cWhen a defendant attacks his conviction on the basis that counsel was ineffective, he must show that his counsel\u2019s conduct fell below an objective standard of reasonableness.\u201d State v. Braswell, 312 N.C. 553, 561-62, 324 S.E.2d 241, 248 (1985). \u201cThe fact that counsel made an error, even an unreasonable error, does not warrant reversal of a conviction unless there is a reasonable probability that, but for counsel\u2019s errors, there would have been a different result in the proceedings.\u201d Id. at 563, 324 S.E.2d at 248.\nHere, defendant first suggests he was prejudiced by his counsel\u2019s failure to object to his own witness\u2019s testimony that he served thirty days for his conviction on a Class 1 misdemeanor. See N.C. Gen. Stat. \u00a7 20 28(a) (2009). However, in light of defendant\u2019s stipulation that he was convicted of the then Class D \u2014 now Class C \u2014 felony of second-degree rape, see State v. Lawrence, 193 N.C. App. 220, 224, 667 S.E.2d 262, 265 (2008), and in the absence of legal argument in support of his assertion, we are not persuaded that defense counsel\u2019s failure to object to this testimony affected the \u201cfairness and integrity\u201d of the proceedings in the present case. Defendant also asserts without support that some of the testimony offered by defendant\u2019s girlfriend, by Detective Pendergrass, and by Officer Quillan included hearsay, and that defense counsel was ineffective for failing to object to this testimony and for failing to request that the testimony be stricken. After careful review of defendant\u2019s limited argument, we conclude that defense counsel\u2019s failure to object to or strike the challenged testimony did not amount to a representation that was \u201cso lacking\u201d as to turn defendant\u2019s trial into \u201ca farce and a mockery of justice.\u201d See State v. Sneed, 284 N.C. 606, 612, 201 S.E.2d 867, 871 (1974). Accordingly, we overrule this issue on appeal.\nNo Error.\nJudges BRYANT and CALABRIA concur.\n. We recognize that our Supreme Court determined that \u201c[t]he crime of failing to notify the appropriate sheriff of a sex offender\u2019s change of address under N.C.G.S. \u00a7 14-208.11(a) is a strict liability offense.\u201d State v. Abshire, 363 N.C. 322, 328, 677 S.E.2d 444, 449 (2009) (citing State v. Bryant, 359 N.C. 554, 562, 614 S.E.2d 479, 484 (2005), on remand, 178 N.C. App. 742, 632 S.E.2d 599 (2006) (unpublished)). However, this determination was based on \u201ca 1997 amendment to this provision deleting the statutory mens rea requirement,\u201d Bryant, 359 N.C. at 562, 614 S.E.2d at 484, which had previously provided that a person who was required to register in accordance with Article 27A and failed to do so \u201cknowingly and with the intent to violate the provisions of this Article\u201d would be guilty of certain classes of offenses. 1995 Sess. Laws 2046, 2049, ch. 545, \u00a7 1. Nevertheless, when the statute was amended in 2006, subsection (a) was modified to provide that a person who was required to comply with the requirements of Article 27A and \u201cwillfully\u201d failed to do so on or after 1 December 2006 would be guilty of a Class F felony. 2006 Sess. Laws 1065, 1070, 1085-86, ch. 247, \u00a7\u00a7 8(a), 22. In other words, with its 2006 amendment, the General Assembly re-introduced intent-based language into the provision, effectively reviving the original mens rea requirement that had first been removed by the 1997 amendment and had rendered a violation of the statute a strict liability offense. Consequently, we believe that the elements of this offense should reflect the General Assembly\u2019s re-introduction of intent-based language into the statute in 2006.", "type": "majority", "author": "MARTIN, Chief Judge." } ], "attorneys": [ "Roy Cooper, Attorney General, by Peter A. Regulski, Assistant Attorney General, for the State.", "John T. Hall, for defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. TERRY A. FOX\nNo. COA11-273\n(Filed 4 October 2011)\n1. Sexual Offenders \u2014 registration\u2014unreported change of address \u2014 sufficiency of evidence\nThe trial court did not err by denying defendant\u2019s motion to dismiss charges of failing to comply with the sex offender registration reporting requirements in 2009 by not notifying the sheriff of a change of his address.\n2. Sexual Offenders \u2014 registration\u2014change of address reporting \u2014 intent\nAlthough the mens rea requirement in the sex offender change of address statute was removed by a 1997 amendment to N.C.G.S. \u00a7 14-208.11(a), a 2006 amendment reintroduced intent-based language.\n3. Appeal and Error \u2014 preservation of issues \u2014 void for vagueness challenge \u2014 not raised at trial\nA constitutional vagueness challenge to the sex offender change of address statutes was not raised at trial and was not considered on appeal.\n4. Appeal and Error \u2014 preservation of issues \u2014 invited error rather than plain error \u2014 not reviewed\nDefendant\u2019s asserted plain error in the instructions in a sex offender change of address prosecution was actually invited error because defendant consented to the manner in which the trial court gave the instruction and adopted language from the instruction in his closing argument. The asserted error was not reviewed.\n5. Constitutional Law \u2014 effective assistance of counsel \u2014 fairness of trial \u2014 not affected\nDefendant was not denied effective assistance of counsel where his attorney failed to object to testimony in a prosecution where the failure to object did not affect the fairness and integrity of the proceedings or turn defendant\u2019s trial into a farce and mockery of justice.\nAppeal by defendant from judgment entered 4 November 2010 by Judge Kenneth F. Crow in Carteret County Superior Court. Heard in the Court of Appeals 12 September 2011.\nRoy Cooper, Attorney General, by Peter A. Regulski, Assistant Attorney General, for the State.\nJohn T. Hall, for defendant-appellant." }, "file_name": "0153-01", "first_page_order": 163, "last_page_order": 171 }