1 REPORTER'S NOTE: TERRY L. BULLOCK, District Judge, was
appointed to hear case No. 63,753 vice Justice Abbott pursuant to
the authority vested in the Supreme Court by Article 3, Â§ 6(f) of
the Kansas Constitution. The opinion of the court was delivered by This is a criminal action in which the defendant, Kim Earl
Rupert, appeals from a jury conviction of criminal nonsupport of
a child, K.S.A. 1989 Supp. 21-3605(1). Rupert was sentenced to
one to two years' imprisonment and was granted a five-year
probation subject to special conditions. In addition, Rupert was
ordered to pay $100.00 per month child support and $50.00 per
month in back child support until the arrearage is paid in full.
Rupert appealed his conviction, and the Court of Appeals, finding
constitutional infirmity in the standard of proof required under
K.S.A. 1989 Supp. 21-3605(1)(f), reversed the conviction in
14 Kan. App. 2d 229, 787 P.2d 300 (1990). We granted the State's
petition for review.