State v. ClemensAnnotate this Case
The Supreme Court affirmed Defendant’s plea-based conviction and sentence for attempted violation of Nebraska’s Sex Offender Registration Act (SORA), holding that the district court did not commit plain error by accepting the factual basis for the plea and by sentencing Defendant.
On appeal, Defendant argued that there was no factual basis for the district court to accept his plea because he was not required to register in Nebraska and therefore could not have violated SORA by failing to register in Nebraska. The Supreme Court disagreed, holding (1) Neb. Rev. Stat. 29-4003(1)(a)(iv) requires registration in Nebraska where an individual is required to register in another municipality or jurisdiction of the United States; and (2) there was a sufficient factual basis for Defendant’s plea to attempted violation of SORA.