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State v. Druktenis1/30/2004
rticle IV, Section 34, as there had been a judgment of conviction and an exhaustion of his right to appeal that conviction, not only by virtue of his plea of guilty but also by the passage of the deadline to appeal. See State v. Rogers, 93 N.M. 519, 521, 602 P.2d 616, 618 (1979) ("Cases are finalized only when there has been a judgment of conviction, sentence and exhaustion of rights of appeal." (internal quotation marks, citation, and emphasis omitted)). Defendant's guilt was locked in by the finality of his conviction and sentence. What remained subject to change was his probation status. A constitutionally permissible retroactive application of SORNA requirements to Defendant made him subject to a probation violation if he knowingly failed to register and if he were found to have committed a felony by failing to register. We do not consider this to constitute a legislative act that changes rules of evidence or procedure in a pending case. We think the legislative changes here are too indirect, remote, and attenuated to be considered unconstitutional under Article IV, Section 34.
Furthermore, we note that although the State sought revocation of Defendant's probation based on his failure to register after the passage of the SORNA amendments, his probation was not revoked on that basis. While Defendant implies in his brief in chief that his probation was revoked for failing to register, the State asserts in its answer brief that Defendant's probation was revoked for other reasons, and Defendant does not dispute this assertion in his reply brief. Moreover, Defendant's duty to register was stayed pending this appeal. Defendant requested only a limited record on appeal. The limited record before us does not show the grounds on which the district court revoked Defendant's probation. It is Defendant's obligation to provide this Court with a sufficient record proper. State v. Jim, 107 N.M. 779, 780, 765 P.2d 195, 196 (Ct. App. 1988). Because the record is inadequate, and because Defendant does not dispute the State's position, we proceed under the assumption that Defendant's probation was revoked on grounds other than failure to register. Working under this assumption, the new registration requirement did not change Defendant's probation status. Thus, even were Article IV, Section 34 arguably to apply to legislation indirectly affecting a convicted defendant's probation status, Article IV, Section 34 would be inapplicable in the present case because Defendant's probation status, although threatened by State action due to Defendant's failure to register, in fact was not affected by the SORNA amendments or by any State action to enforce the new registration requirements.
V. The Substantive and Procedural Due Process Claims
Defendant asserts violations of substantive and procedural due process because he was required to register without any distinction having been made between him and other sex offenders on the basis of recidivist propensities, and without being afforded any opportunity to challenge "the legislative assumptions and findings that he is dangerous and presents a threat of likely recidivism." SORNA's registration requirements do not, by themselves, make registration information available to the public or provide for public dissemination of the information. Defendant's attack focuses on the SORNA notification provisions. Defendant argues that he has a protected liberty interest based on underlying privacy and reputation interests and that he must be afforded a hearing on recidivist propensities prior to having to comply with SORNA's registration requirement. Another aspect of Defendant's contention is that, because SORNA may potentially subject him to a felony prosecution and pro
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