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STATE v. WHITE

No. 20090279-CA.

256 P.3d 255 (2011)

2011 UT App 155

STATE of Utah, Plaintiff, Appellant, and Cross-appellee, v. James Benjamin WHITE, Defendant, Appellee, and Cross-appellant.

Court of Appeals of Utah.

May 12, 2011.

Attorney(s) appearing for the Case

Mark L. Shurtleff , and Ryan D. Tenney , Salt Lake City, for Appellant.

Ronald Fujino , Salt Lake City, for Appellee.

Before Judges McHUGH, THORNE, and CHRISTIANSEN.

OPINION

THORNE, Judge:

¶ 1 The State of Utah appeals from the district court's final order dismissing, with prejudice, one third degree felony count of criminal nonsupport against James Benjamin White. See generally Utah Code Ann. § 76-7-201 (2008) (establishing crime of criminal nonsupport). White cross-appeals from that same order. We affirm.

BACKGROUND

¶ 2 In January 2001, the State charged White with one count...

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