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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: MATTHEW G. GRANTHAM Bowers, Brewer, Garrett & Wiley, LLP Huntington, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

FILED
Jan 30 2012, 9:20 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
ANTHONY A. MAY, Appellant- Defendant, vs. STATE OF INDIANA, Appellee- Plaintiff, ) ) ) ) ) ) ) ) )

CLERK

No. 35A02-1107-CR-697

APPEAL FROM THE HUNTINGTON SUPERIOR COURT The Honorable Jeffrey R. Heffelfinger, Judge Cause No. 35D01-1012-FC-303

January 30, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Chief Judge

Case Summary and Issues Following a bench trial, Anthony May appeals his conviction of nonsupport of a dependent child, a Class C felony, and his sentence thereon. He raises two issues which we expand and restate as three: 1) whether sufficient evidence was presented to sustain his conviction, 2) whether the trial court abused its discretion in sentencing May, and 3) whether his sentence is inappropriate. Concluding that sufficient evidence was

presented, the trial court did not abuse its discretion, and his sentence is not inappropriate, we affirm. Facts and Procedural History May and Jackie Smith had a child together and were married twice and divorced twice since around 1995.1 As part of the provisional order regarding their second

divorce, May was ordered to pay $67.14 per week in child support beginning on October 14, 2005. In November 2005, May made one payment of $200. Effective January 13, 2006, the trial court revised the weekly amount downward to $67 per week in the final order dissolving their marriage. May made only one payment of $70 since the trial court's final order. As of May 9, 2011, May owed $19,228.82. For at least some period after the trial court's final order, May worked and was paid $200 per week. Prior to his first marriage to Jackie, May was diagnosed with paranoid schizophrenia, a disease which still plagues him. May was able to control this disease to some extent with medication, but over the years he frequently went for long periods without taking his medication. He was committed to and released from a mental health institution on at least three occasions.
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May had a pattern of managing his illness

The exact date of their first marriage is not included in the record.

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relatively well for about two to three years at a time, and then experiencing breakdowns in which he would have hallucinations and suffer other mentally debilitating effects. On December 10, 2010, the State charged May with nonsupport of a dependent child as a Class C felony. Following a bench trial, the trial court found May guilty as charged and entered a judgment of conviction. May did not return his Pre-Sentence Investigation ("PSI") paperwork, so his PSI was based in part on a previous PSI completed in 2001. The trial court sentenced May to eight years with four years May now appeals. Additional facts will be supplied as

suspended to probation. appropriate.

Discussion and Decision I. Sufficiency of the Evidence A. Standard of Review Our standard of reviewing a sufficiency claim is well-settled: we do not assess witness credibility or reweigh the evidence, and "we consider only the evidence that is favorable to the judgment along with the reasonable inferences to be drawn therefrom to determine whether there was sufficient evidence of probative value to support a conviction." Staten v. State, 844 N.E.2d 186, 187 (Ind. Ct. App. 2006), trans. denied. "We will affirm the conviction if there is substantial evidence of probative value from which a reasonable trier of fact could have drawn the conclusion that the defendant was guilty of the crime charged beyond a reasonable doubt." Id. B. Nonsupport of a Dependent To convict May of nonsupport of a dependent child as a Class C felony, the State was required to prove beyond a reasonable doubt that May "knowingly or intentionally
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fail[ed] to provide support to [his] dependent child," and "the total amount of unpaid support that is due and owing for one (1) or more children is at least fifteen thousand dollars ($15,000)." Ind. Code

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