State v. Conn (Signed Opinion)
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The Supreme Court answered a certified question from the circuit court by holding that Defendant's conviction for "attempted to commit an assault during the commission of a felony" was a qualifying offense under Sex Offender Registration Act, W. Va. Code 15-12-1 to -10, requiring Defendant to be a lifetime registrant.
Defendant pled guilty to one count of attempt to commit a felony and was sentenced to a term of imprisonment. At the time of his conviction and sentence Defendant was not required to register as a sex offender. Defendant later entered an Alford/Kennedy plea to two counts of failure to register as a sex offender. Defendant then filed a petition for writ of error coram nobis and motion in arrest of judgment, claiming he was not required to register. The circuit court certified the question to the Supreme Court. The Supreme Court answered that the Act required Defendant to register as a sex offender for life because his conviction was based on a proffer that Defendant committed sexual assault in the third degree, which was a qualifying offense under the Act.
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