Legal Opinion

State v. McAusland

Court of Appeals of Utah

Decided February 5, 2015No. 20131067-CAPublished

1Opinion of the Court

Memorandum Decision

DAVIS, Judge:

T 1 Defendant Devin Keith McAusland appeals his convictions of two counts of criminal nonsupport. MecAusland argues on appeal that there was insufficient evidence to prove a necessary element of the charges against him, namely, that his child (Child) was "in needy cireumstances" or "would be in needy cireumstances but for support received from" another outside source (the neediness element). See Utah Code Ann. § 76-7-201(1) (LexisNexis 2012). We conclude that the jury's verdict is supported by sufficient evidence and therefore affirm MeAusland's convictions. 1

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2Cases cited5 opinions

  1. State v. HolgateUtah Supreme Court · 2000
  2. State v. BoydUtah Supreme Court · 2001
  3. Mitchell v. ChristensenUtah Supreme Court · 2001
  4. State v. BessUtah Supreme Court · 1913
  5. State v. BarlowCourt of Appeals of Utah · 1993

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