State v. Clemens

Summary

The Nebraska Supreme Court affirmed Nathan W. Clemens' plea-based conviction and sentence for attempted violation of Nebraska's Sex Offender Registration Act. The court held that whether a person is required to register as a sex offender in another jurisdiction is determined under that jurisdiction's law, without an additional requirement of a criminal conviction or an offense that would require registration in Nebraska. The court concluded that Clemens' actual Colorado registration supplied a sufficient factual basis for his guilty plea.

Holdings

1. Whether a person is required to register as a sex offender in another jurisdiction is determined under the law of that other jurisdiction, not under Nebraska law. The statute does not require that the out-of-state registration be based on a criminal conviction or an offense that would require registration in Nebraska.
2. The factual basis was sufficient to support Clemens' plea to attempted violation of SORA because it established that he was required to register and actually registered as a sex offender in Colorado, entered Nebraska, and failed to register in Nebraska within three working days.
3. After acceptance of a guilty or no-contest plea, a defendant is limited to challenging whether the plea was understandingly and voluntarily made or resulted from ineffective assistance of counsel; a challenge to the factual basis may be considered as part of the understanding-and-voluntary inquiry.

Questions Presented

1. Whether the factual basis was sufficient to support Clemens' guilty plea to attempted violation of Nebraska's Sex Offender Registration Act.
2. Whether Neb. Rev. Stat. § 29-4003(1)(a)(iv) requires Nebraska registration when a person is required to register as a sex offender under another jurisdiction's law, even if the other jurisdiction's registration requirement arose from a juvenile adjudication.
3. Whether the district court plainly erred by accepting the plea and imposing sentence.

Disposition

affirmed