State v. Rome

MORGAN, Justice.

Defendant and appellant, Anthony Rome, Sr. (Anthony), appeals from his trial court conviction of felony nonsupport of a minor child. We reverse and remand.

On October 19, 1986, Anthony exercised visitation rights with his minor son, Anthony Rome, Jr. (Son), as authorized by court order pursuant to a prior divorce proceeding. Anthony did not return Son to the home of his mother, who had legal custody and care. Instead, Anthony left the State of South Dakota with Son. Anthony was apprehended in or near Cleveland, Ohio, in mid-January, 1987, was returned to South Dakota and…