State v. Phillips
297 Neb. 469
| Neb. | 2017Background
- Phillips, a 25-year SORA registrant based on a prior conviction for third-degree sexual assault of a child, failed to report a current address and instead provided a fictitious Sarpy County address.
- He pleaded no contest to a Class IIIA felony (failure to register under SORA).
- The district court sentenced Phillips to 12 months’ imprisonment and 12 months’ postrelease supervision (PRS).
- The PRS order contained numerous conditions (e.g., travel and address reporting, searches, electronic/internet restrictions, drug/alcohol testing, treatment requirements, fees, polygraph, continuous alcohol monitoring).
- Phillips appealed, arguing his jail term was excessive and that several PRS conditions were unconstitutional (First Amendment, Fourth Amendment, Ex Post Facto, Due Process, and not reasonably related to rehabilitation).
- The Nebraska Supreme Court affirmed the conviction, sentence, and upheld that Phillips waived meaningful objection to the PRS conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 12‑month imprisonment was excessive | Phillips: 1 year is excessive given limited criminal history | State: sentence is within statutory limits for a Class IIIA felony and justified by failure to register and prior sexual‑assault conviction | Court: upheld sentence as within statutory range and not an abuse of discretion |
| Whether PRS conditions are unconstitutional | Phillips: various PRS conditions violate First, Fourth, Ex Post Facto, Due Process, and are unrelated to rehabilitation | State: PRS conditions are statutorily authorized and Phillips waived specific objections by failing to identify them at sentencing | Court: Phillips was adequately informed and failed to preserve specific objections; waiver applies and conditions stand |
Key Cases Cited
- State v. Dixon, 286 Neb. 334, 837 N.W.2d 496 (Neb. 2013) (sentencing abuse‑of‑discretion framework)
- State v. Dominguez, 290 Neb. 477, 860 N.W.2d 732 (Neb. 2015) (sentencing considerations and standards)
- State v. Marrs, 272 Neb. 573, 723 N.W.2d 499 (Neb. 2006) (preservation/waiver principles)
- State v. Loding, 296 Neb. 670, 895 N.W.2d 669 (Neb. 2017) (postrelease supervision statutory context)