State v. Norman
Annotate this CaseChad Norman pled no contest to third degree assault and was sentenced to probation for two years and jail for thirty days. After a hearing, the district court also ordered Norman to register under Nebraska's Sex Offender Registration Act (SORA). Norman appealed the portion of his sentence requiring him to register, claiming he was denied due process. The Supreme Court reversed the registration order, holding (1) before a court orders a defendant to be subject to SORA pursuant to Neb. Rev. Stat. 29-4003(1)(b)(i), the court must make a finding whether the defendant committed an act of sexual penetration or sexual contact as part of the incident that gave rise to the defendant's conviction for one of the offenses not sexual in nature listed in section 29-4003(1)(b)(i)(B); (2) the court must provide procedural due process when it makes this finding, including proper notice and a meaningful opportunity to be heard; and (3) although the court in this case provided Norman with notice and a hearing, the court erred when it based its finding solely on statements in the State's factual basis for Norman's plea and explicitly ignored the evidence at the hearing. Remanded for resentencing.
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