Cooper v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Gary L. Cooper appeals his conviction for Nonsupport of a Dependent Child, as a Class C felony, following a jury trial. He presents three issues for our review, which we restate as:

1. Whether Indiana Code Section 85-46-1-5 is unconstitutionally vague.

2. Whether he could assert his prior incarcerations as an affirmative defense to his inability to pay. 3. Whether the burden of establishing the affirmative defense of inability to pay violates his constitutional right to due process.

4. Whether there was sufficient evidence to support his conviction.

We…