State v. Dawson, 2012 Ohio 627

Dawson was indicted in August 2010 on two counts of felony non-support of dependents (R.C. 2919.21(B)).
Count I covers April 1, 2005–March 31, 2007; Count II covers April 1, 2007–March 31, 2009; monthly support was $271.83 with a 2% processing charge.
CSEA testified Dawson paid $1,369.42 for Count I (22 weeks) and $3,813.53 for Count II (61 weeks), leaving unpaid weeks.
Income tax refunds/seizures were used to reduce arrearage, not current monthly support, under federal and state rules.
CSEA’s account showed total payments of $9,105.53 over 104 weeks, with an apparent overpayment when compared to owed support.
The trial court sentenced Dawson to community control after a jury found him guilty on both counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Crim.R. 29(A) sufficiency supports Count II.	State: evidence shows over 26 weeks of nonpayment within 104 weeks, supporting Count II.	Dawson contends there is insufficient evidence to prove 26 weeks of nonpayment.	Sufficient evidence supported Count II; 26 weeks of nonpayment found.
Whether Dawson proved the affirmative defense under R.C. 2919.21(D) by preponderance.	State: evidence shows he did not provide support within ability; defense not proven.	Dawson: he provided support within his ability; defense should negate conviction.	Affirmative defense rejected; conviction affirmed.

Thaler v. State, 2008-Ohio-5525 (2d Dist. Montgomery 2008) (standard for Crim.R. 29 sufficiency review)
Wilson v. State, 2009-Ohio-525 (2d Dist. Montgomery 2009) (sufficiency review and standard under Thompkins)
Thompkins v. State, 678 N.E.2d 541 (Ohio 1997) (intent: reasonable doubt with Jackson v. Virginia standard)
State v. Dennis, 79 Ohio St.3d 421 (1997) (elements of offense and sufficiency clarified)
Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for reviewing sufficiency of evidence)
State v. Martin, 20 Ohio App.3d 172 (1st Dist. Ohio 1984) (manifest weight review framework)