STATE v. ELBERT (2020)

Order

Terrence Elbert appeals, following a bench trial, his conviction of felony criminal nonsupport, § 568.040, RSMo 2016. The court imposed a three-year term of imprisonment but suspended execution thereof and placed Elbert on a five-year term of probation. Elbert raises two related points on appeal. The first point argues that the trial court erred in overruling Elbert's motion to dismiss the charge on the ground that the charge was in violation of the statute of limitations insofar as the charge included a total amount of arrearages that went beyond the three years immediately preceding the charge. The second point argues that the trial court erred in imposing, as a condition of Elbert's probation, payment of the total amount of arrearages because the total amount should have been limited by the statute of limitations to the three years immediately preceding the charge. Finding no error, we affirm. Rule 30.25(b).

Per Curiam: