Summary
The Indiana Supreme Court held that Indiana Code section 35-46-1-5 permits separate Class D felony convictions for nonsupport of each dependent child, but the aggregate arrearage of at least $15,000 may enhance only one conviction to a Class C felony. The court vacated the two Class C felony judgments and remanded for entry of one Class C felony and one Class D felony judgment, summarily affirming the Court of Appeals on the remaining issues.
Topics
Practice areas
Questions Presented
- Whether Indiana Code section 35-46-1-5 permits separate class D felony nonsupport convictions for each dependent child.
- Whether the aggregate unpaid-support amount of at least $15,000 may enhance more than one nonsupport conviction from a class D felony to a class C felony.
- Whether the trial court properly entered judgment on two class C felony nonsupport convictions based on the same aggregate arrearage.
Holdings
- Indiana Code section 35-46-1-5 permits a separate class D felony conviction for nonsupport of each dependent child.
- Only one nonsupport offense may be enhanced to a class C felony when the aggregate unpaid support for one or more dependent children is at least $15,000; the same aggregate amount may not be used to enhance a second nonsupport conviction.
- The trial court erred by entering judgment on two class C felony nonsupport convictions based on the same aggregate $15,000-or-more arrearage.
Key quotations
“The accumulation of support arrearage is not, in and of itself, a separate offense.” (1007)
“The addition of the modifier "total" before "amount" similarly indicates that the General Assembly intended the defendant's entire support arrearage to be considered as one single enhancing circumstance for purposes of elevating the offense from a class D to a class C felony.” (1008)
“This very same factor, the existence of aggregate unpaid support of $15,000 or more, if used to enhance a conviction of nonsupport for one dependent child from a class D felony to a class C felony, may not also be used to enhance a second class D nonsupport conviction with respect to another child without further punishing the defendant "for the very same behavior or harm" to which he is already subject to punishment by the first enhancement.” (1009)
Factual background
Sanjari and his wife had two children, and their marriage was dissolved in Elkhart County in 2000. He was ordered to pay $239 per week in child support for both children, along with additional amounts for educational expenses and arrearage reduction, but he failed to make regular payments and eventually stopped paying. His arrearage exceeded $17,000 when initially charged and exceeded $56,000 by trial.
Procedural history
A jury found Sanjari guilty of two class D felony nonsupport counts and two class C felony nonsupport counts based on an aggregate child-support arrearage exceeding $15,000. The trial court entered judgment only on the two class C felonies. The Indiana Court of Appeals vacated one class C felony conviction and affirmed in all other respects. The Indiana Supreme Court granted transfer, resolved the statutory-enhancement issue, summarily affirmed the Court of Appeals on the remaining issues, vacated the trial court's judgment, and remanded for entry of one class C and one class D felony judgment and resentencing.
Remand instructions
The trial court must enter judgment on the jury verdicts as one class C felony nonsupport conviction as to one dependent child and one class D felony nonsupport conviction as to the other, then determine and impose the appropriate sentences.