Porter v. State
2010 Ind. App. LEXIS 1956
| Ind. Ct. App. | 2010Background
- Porter is father of L.P. (born 1992) and S.P. (born 1995) and was ordered to pay $119 weekly child support in 2001 dissolution decree.
- In 2005 Porter was convicted of two Class D nonsupport felonies; sentenced to three years work release with $119 weekly support and $50 weekly arrearage payment.
- In August 2009 the State charged Porter with two counts of Class C nonsupport, alleging arrearage exceeding $15,000 (total $54,889.33 as of 4/30/2009).
- A jury convicted Porter on both Class C counts and the trial court imposed consecutive five-year terms (aggregate ten years).
- Porter appeals, challenging double jeopardy and sufficiency of evidence to support Class C enhancements.
- Indiana appellate court affirms one Class C conviction, vacates the other to Class D and remands for entry of judgment consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy involving enhancements | Porter argues enhanced Class C counts rely on same arrearage from prior convictions | State aggregated prior arrearage with new arrearage to reach $15,000 per count | Partial reversal; one Class C conviction reduced to Class D; other remains Class C |
| Sufficiency of evidence for enhancement | Arrearage cited was not properly calculated to trigger enhancement | Even if past arrearage included, total arrearage at time of underlying act exceeds $15,000 | Evidence supports arrearage used to enhance remaining Class C conviction; sufficient to sustain enhancement |
Key Cases Cited
- Grimes v. State, 693 N.E.2d 1361 (Ind.Ct.App. 1998) (basic nonsupport offense requires more than token support but not necessarily large arrearage)
- Cooper v. State, 760 N.E.2d 660 (Ind.Ct.App. 2001) (support must exceed token to constitute criminal liability when considering enhancement)
- Land v. State, 688 N.E.2d 1307 (Ind.Ct.App. 1997) (enhancement based on arrearage amount; timing of arrearage matters)
- Sanquenetti v. State, 917 N.E.2d 1287 (Ind.Ct.App. 2009) (cannot aggregate prior D felonies to reach $15,000 for Class C; arrearage cannot double-count)
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (double jeopardy concerns concerning same conduct; concurring opinion cited)
- Holloway v. State, 773 N.E.2d 315 (Ind.Ct.App. 2002) (prohibits multiple enhancements based on same act/harm)
- Jones v. State, 812 N.E.2d 820 (Ind.Ct.App. 2004) (harmless error analysis in arrearage calculations)
- Geans v. State, 623 N.E.2d 435 (Ind.Ct.App. 1993) (recognizes separate victims for separate counts but not for single arrearage enhancement)