By VAN HOLLAND
A Superior Court judge sentenced 35-year old John David Hoggard, Jr., to a minimum of 73 months and maximum of 148 months (12.3 years) in the North Carolina Department of Corrections (DOC) after he pled guilty to attempted second-degree rape and indecent liberties with a minor Sept. 4. The conviction was part of a plea agreement.
Hoggard was originally charged with two counts of statutory rape and five counts of indecent liberties with a child. The victim was 15-years old.
The court also ordered that Hoggard must register as a sex offender upon his release from prison and remain on the sex offender registry for 30 years.
He must submit to a risk assessment by DOC. The results of the assessment will be reported back to the court where he is scheduled to have a hearing Dec. 9 for a judge to determine if he meets the requirements for satellite-based monitoring.
Under General Statue 14-208.40B the determination for satellite-based monitoring has requirements in certain circumstances. When an offender is convicted of a reportable conviction as defined by the law, there is has been no determination by a court on whether the offender shall be required to enroll.
To determine if Hoggard meets the requirements, the district attorney will present evidence at the hearing where the court shall determine if the offender falls into one of the categories described by law. The court shall hold the hearing and make findings of facts pursuant to the law.
If the court finds that the offender has been classified as a sexually violent predator pursuant to the statue, the offender is a recidivist, the conviction offense was an aggravated offense or the conviction offense was a violation of the law, then the court will order the satellite-based monitoring device.
When an offender is put on the satellite-based monitoring program, the GPS device will track the offender's movements.
Edgecombe County has 160 registered sex offenders according to http://sexoffender.ncdoj.gov. There are currently 41 in Tarboro, 11 in Pinetops and three in Macclesfield.