State v. Erpelding

S-14-0813 State v. Shawn R. Erpelding (Appellant)
Buffalo County, Judges William T. Wright, John P. Icenogle
Attorneys: Jonathan R. Brandt (Appellant) --- Kimberly A. Klein (Attorney General's Office)
Criminal: Criminal nonsupport; habitual criminal
Proceedings below: A jury found Appellant guilty of the 4 charges. He was determined to be a habitual criminal. He was sentenced 10 to 15 years on each count, to be concurrent with each other but consecutive to time on other charges.
Issues: 1. The district court erred in finding sufficient evidence to support a finding of criminal non-support and Erpelding received ineffective assistance of counsel for failing to properly assert that the child support order used as a basis for asserting felony criminal non-support was not a valid order and that there was insufficient evidence in a motion for new trial. 2. The district court erred in finding Erpelding was a Habitual Criminal and enhancing his sentence. 3. The district court erred and Erpelding was provided ineffective assistance of counsel for failing to require or request a jury instruction on a lesser included offense of misdemeanor criminal nonsupport. 4. The district court erred by failing to provide the jury with an enhancement issue and sentencing Erpelding to an excessive, illegal and impermissible sentence contrary to both federal and state constitutions