Pleas: Appeal and Error. A trial court is
given discretion as to whether to accept a guilty plea, and
an appellate court will overturn that decision only where
there is an abuse of discretion.
Judges: Words and Phrases. A judicial abuse of
discretion exists when the reasons or rulings of a trial
judge are clearly untenable, unfairly depriving a litigant of
a substantial right and denying just results in matters
submitted for disposition.
Statutes: Appeal and Error. Statutory interpretation
presents a question of law, which an appellate court reviews
Pleas. To support a plea of guilty or no contest,
the record must establish that (1) there is a factual basis
for the plea and (2) the defendant knew the range of
penalties for the crime with which he or she is charged.
Pleas: Effectiveness of Counsel. When a court
accepts a defendant's plea of guilty or no contest, the
defendant is limited to challenging whether the plea was
understandingly and voluntarily made and whether it was the
result of ineffective assistance of counsel.
Pleas. A sufficient factual basis is a requirement
for finding that a plea was entered into understandingly and
Statutes. Statutory language is to be given its
plain and ordinary meaning.
Statutes: Legislature: Intent: Appeal and Error. An
appellate court will not look beyond a statute to determine
the legislative intent when the words are plain, direct, or
Statutes: Intent: Appeal and Error. When
interpreting a statute, effect must be given, if possible, to
all the several parts of a statute; no sentence, clause, or
word should be rejected as meaningless or superfluous if it
can be avoided. An appellate court must look to the
statute's purpose and give to the statute a reasonable
construction which [300 Neb. 602] best achieves that purpose,
rather than a construction which would defeat it.
Convicted Sex Offender: Jurisdiction: States. Under
Neb. Rev. Stat. § 29-4003(1)(a)(iv) (Reissue 2016),
whether one is "required to register as a sex
offender" in another jurisdiction is determined under
the laws of the other jurisdiction rather than under Nebraska
law. Section 29-4003(1)(a)(iv) adds no additional requirement
that registration in the other jurisdiction must be based on
a "conviction" or an offense that would have
required the person to register in Nebraska if the offense
had been committed in Nebraska.
___:___: ___.A sex offender registrant's actual
registration under another jurisdiction's law is
conclusive evidence that the registrant was required to
register within the meaning of Neb. Rev. Stat. §
29-4003(1)(a)(iv) (Reissue 2016).
from the District Court for Lancaster County: John A.
Colborn, Judge. Affirmed.
D. Nigro, Lancaster County Public Defender, Todd Molvar, and
Sarah L. Burghaus, Senior Certified Law Student, for
Douglas J. Peterson, Attorney General, and Melissa R. Vincent
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and
Papik, JJ., and Hall, District Judge.
W. Clemens appeals his plea-based conviction and sentence in
the district court for Lancaster County for attempted
violation of Nebraska's Sex Offender Registration Act
(SORA). He claims that the district court committed plain
error when it accepted the factual basis for ...