State v. Oswald

VICTOR C. HOWARD, Judge.

George Robert Oswald (defendant) appeals from the judgment entered upon his conviction by a jury of criminal non-support, a class D felony. § 568.040 RSMo *6791994.1 He asserts that the trial court erred: (1) in sentencing him to five years imprisonment despite the jury’s assessed punishment of a fine only; and, (2) in failing to instruct the jury on “good cause” pursuant to M.AI.-CR 3d 322.08.

The judgment, as it relates to defendant’s sentence, is reversed and the case remanded to the trial court with directions to enter a sentence of a fine in conformance with the…