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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: ERNEST P. GALOS South Bend, Indiana

FILED
Dec 22 2009, 10:11 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE DONGIEUX WIGGINS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KEVIN KIRK, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-0909-CR-422

APPEAL FROM THE ST. JOSEPH CIRCUIT COURT The Honorable Michael G. Gotsch, Judge The Honorable Larry L. Ambler, Magistrate Cause No. 71C01-9910-CF-3

December 22, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Kevin Kirk appeals following his convictions, pursuant to a guilty plea, for two counts of Class C felony Nonsupport of a Dependent Child.1 Upon appeal, Kirk challenges the sufficiency of the evidence to establish the factual basis for his plea. He further claims that the trial court abused its discretion in sentencing him and also that his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY According to the factual basis entered during the April 20, 2007 plea hearing, Kirk was ordered to pay fifty dollars per week in child support for two of his children, Z.K. and K.K., on or about December 15, 1986. Kirk was subsequently ordered to pay fifty dollars per week in child support for two additional children, Ta.H. and Te.H., on or about April 15, 1992. Kirk failed to make regular child support payments and as of March 25, 2005, had amassed arrearages of $36,792.84 for his obligation to support Z.K. and K.K. and $29,093.13 for his obligation to support Ta.H. and Te.H. As a result of his failure to meet his child support obligations, Kirk was charged with one count of Class C felony nonsupport of a dependent child with respect to Z.K. and K.K., and one count of Class D felony nonsupport of a dependent child with respect to Ta.H. and Te.H. The charging information was subsequently amended to include two counts of Class C felony nonsupport of a dependent child. On April 20, 2005, Kirk pled guilty to two counts of Class C felony nonsupport of a dependent child. For approximately three years, Kirk, who had allegedly moved to Tennessee, failed to

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Ind. Code

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