State v. Phillips
297 Neb. 469
| Neb. | 2017Background
- Christian E. Phillips, a 25‑year SORA registrant based on a 2013 conviction for third‑degree sexual assault of a child, failed to timely register his actual address and instead gave a fictitious Sarpy County address.
- He pled no contest to a Class IIIA felony for failing to register under the Sex Offender Registration Act (SORA).
- The district court sentenced Phillips to 12 months' imprisonment (within the statutory maximum of 3 years) and 12 months' postrelease supervision.
- The court imposed numerous postrelease supervision conditions (e.g., restrictions on internet and electronic devices, searches, mandatory treatment and testing, fees, residence reporting, and polygraph examinations).
- Phillips appealed, arguing (1) the 12‑month imprisonment was excessive and (2) several supervision conditions were unconstitutional (First Amendment, Ex Post Facto, Fourth Amendment, Due Process, and unrelated to rehabilitation).
- At sentencing Phillips refused to sign an attestation agreeing to conditions but acknowledged receipt and did not identify specific objections at the hearing; the State argued he waived appellate challenges to the conditions.
Issues
| Issue | Phillips' Argument | State's Argument | Held |
|---|---|---|---|
| Whether 12 months' imprisonment was excessive | Sentence is excessive given limited criminal history | Sentence within statutory range and appropriate given prior sexual assault conviction and SORA violation | No abuse of discretion; 12 months not excessive (affirmed) |
| Whether postrelease supervision conditions are unconstitutional (various grounds) | Conditions violate First Amendment, Ex Post Facto, Fourth Amendment, Due Process, and are unrelated to rehabilitation | Conditions authorized by statute and defendant waived challenge by not articulating objections at sentencing | Conditions upheld; Phillips waived adequate objection at sentencing |
Key Cases Cited
- State v. Dixon, 286 Neb. 334 (Neb. 2013) (sentencing abuse of discretion standard)
- State v. Dominguez, 290 Neb. 477 (Neb. 2015) (sentencing factors and postrelease supervision context)
- State v. Marrs, 272 Neb. 573 (Neb. 2006) (procedural considerations regarding sentencing objections)
- State v. Loding, 296 Neb. 670 (Neb. 2017) (recent sentencing jurisprudence)