State v. Ratumaimuri

A determination that a defendant is subject to the Sex Offender Registration Act (SORA) must be reviewed on direct appeal from the underlying conviction and sentence, and such a determination is not subject to an impermissible collateral attack in subsequent proceedings.Defendant was convicted of violating SORA’s registration requirement. On appeal, Defendant argued that the State failed to prove he was subject to SORA’s requirements because it failed to present evidence that, during the proceedings for a previous conviction and sentence, the county court had made a factual finding pursuant to Neb. Rev. Stat. 29-4003(1)(b)(i)(B). The court of appeals affirmed Defendant’s conviction, determining that the determination in the previous proceedings that Defendant was subject to SORA was valid because it was based on an implied factual finding pursuant to section 29-4003(1)(b)(i)(B). The Supreme Court affirmed, holding (1) the court of appeals erred in analyzing whether the determination in the previous proceedings was valid; but (2) this Court’s ultimate conclusion on the judgment was the same as that of the court of appeals. View "State v. Ratumaimuri" on Justia Law