State of Nebraska v. Scott Schneider, 263 Neb. 318

Summary

The Supreme Court of Nebraska held that sex offender registration under Nebraska's Sex Offender Registration Act is a collateral consequence of a no contest plea. Because the trial court was not required to advise the defendant of that consequence, the pleas were constitutionally valid and the denial of the motion to withdraw them was not an abuse of discretion. The court also affirmed the consecutive one-year sentences as within statutory limits.

Holdings

1. A trial court is not constitutionally required to advise a defendant of the collateral consequence of sex-offender registration under Nebraska's Sex Offender Registration Act before accepting a guilty or no-contest plea. Failure to provide that advice does not render the plea involuntary or unintelligent.
2. The district court did not abuse its discretion in denying Schneider's motion to withdraw his no-contest pleas because the failure to advise him of sex-offender-registration duties did not invalidate the pleas, and he did not establish a sufficient basis for withdrawal under Nebraska law.
3. The district court did not abuse its discretion by imposing consecutive one-year sentences because the sentences were within the statutory limits and the record supported the sentencing decision.

Questions Presented

1. Whether the failure to advise Schneider before accepting his no-contest pleas that he would be required to register as a sex offender rendered the pleas constitutionally involuntary or unintelligent.
2. Whether Schneider established a fair and just reason to withdraw his pleas before sentencing.
3. Whether the consecutive one-year sentences were excessive or an abuse of discretion.

Disposition

affirmed