Sanjari v. State
Annotate this CaseFor his failure to pay child support for his two daughters, a jury found Defendant guilty of two counts of nonsupport of a dependent child, each a class D felony, plus two additional counts of nonsupport of a dependent child while owing over $15,000 in child support, each a class C felony. The trial court entered judgment only as to the two class C felonies. Defendant appealed, contending that the two class C felonies should have merged into one conviction under Indiana double jeopardy jurisprudence. The court of appeals vacated one of Defendant's class C felony convictions but affirmed the trial court in all other respects. The Supreme Court granted transfer and held that applicable law permitted a separate Class D felony conviction for nonsupport of each dependent child, but only one such offense could be enhanced to a class C felony where the unpaid support for one or more of such children is $15,000 or more. Remanded for the entry of judgment as follows: one class C felony as to the nonsupport applicable to one of the dependent children and one class D felony as to the nonsupport of the other dependent child.
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