Utah v. Bickley, 60 P.3d 582 (Utah Ct. App. 2002)

Cases | Utah v. Bickley, 60 P.3d 582 (Utah Ct. App. 2002) | 2018

The defendant was convicted of criminal nonsupport for failure to pay child support from June 1, 1993 through March 31, 1994; the defendant satisfied a diversion agreement and this case was dismissed on October 27, 1995. In 1999, the State charged the defendant again for criminal nonsupport for the period of February 1, 1997 to January 10, 2000; the defendant pled guilty and was ordered to pay $32,000 in restitution. On appeal, the defendant argued that “the trial court erred in ordering restitution for arrearages accruing before February 1, 1997.” The court of appeals held that the trial court erred in ordering restitution for arrearages outside the information because the defendant’s responsibility for all arrearages was not firmly established by the evidence. The plea agreement was vacated and the case remanded to the trial court for further proceedings.