Sickels v. State
Annotate this CaseThe State charged Defendant with three counts of felony nonsupport of a defendant child. By the time the case went to trial, all three children were adults and emancipated. The trial court found Defendant guilty as charged and ordered him to pay the children's mother, "the victim in the case," the amount of his child-support arrearage. The trial court used the term "restitution" at the sentencing hearing. The court of appeals affirmed Defendant's convictions and length of sentence but determined that the court's order for Defendant to pay restitution to the mother as "the victim" was erroneous. The Supreme Court granted transfer and summarily affirmed the court of appeals on all issues but the issue of restitution and held that the trial court was within its discretion to determine that restitution was payable to a custodial parent, despite the fact that the children were emancipated. Remanded.
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