State v. French

STEPHEN N. LIMBAUGH, JR.,

Chief Justice.

Germaine French was convicted of two counts of criminal nónsupport under section 568.040, RSMo 1994, which occurred during consecutive six-month periods in 1997 and 1998. After appeal to the Court of Appeals, Western District, this Court granted transfer to address the question of whether French’s failure to provide support was a continuing course of conduct and whether his two convictions for that continuous conduct violated the Double Jeopardy Clause of the Fifth Amendment. Mo. Const, art. V, sec. 10. Having determined that nonpayment during “each of…