(DOWNLOAD) "State v. Burg" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: State v. Burg
- Author : Supreme Court of Montana
- Release Date : January 01, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellant Douglas Gerard Burg was convicted of felony nonsupport of a child in violation of Minn. Stat. ร§รก609.375, subd. 2a (1998). Burgs conviction was based on his failure to pay child support to his former wife Lisa Burg (Lisa) from May 1995 to October 1999. Burg was sentenced to 30 days in jail, placed on probation for two years, ordered to participate in vocational rehabilitation services, and ordered to pay a fine of $5,000, with credit against the fine for any child support payments made. The trial court stayed Burgs jail time pending appeal. On appeal, the court of appeals affirmed Burgs conviction, at which point Burgs 30-day jail sentence was executed. Because the trial court committed plain error that affected substantial rights by instructing the jury that Burg had the burden of proof with respect to an element of the offense of nonsupport of a child, we reverse Burgs conviction and grant him a new trial.