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STATE v. KRUMROY8/23/1996
Hillis B. Krumroy was convicted by a jury of criminal nonsupport of a child in violation of K.S.A. 21-3605. He was originally sentenced to a term of 1 to 5 years and then placed on 5 years' probation. However, Krumroy filed a motion objecting to being placed on probation, and the trial court resentenced him to serve a 1- to 5-year term in the custody of the Secretary of Corrections. The Kansas Sentencing Guidelines Act (KSGA) sentence was computed to be 6 months' imprisonment and 12 months' postrelease supervision. Krumroy appeals from his conviction and sentence.
Krumroy was married to Nan Krumroy in 1967 and was divorced from her in 1986. As a result of the marriage, two children were born.
Krumroy holds a bachelor's degree in business and a master's degree in accounting. Prior to the divorce, he had apparently been steadily employed and held several accounting jobs for various employers.
In 1986, Krumroy moved to the state of California. In that year, he paid $1,800 in child support; he paid $2,400 in 1987; and he paid $50 in 1988. Since 1988, defendant has made no effort to support his children.
The mother of the children did the best she could to provide all of their support. She worked as a school teacher and supplemented that salary with second and third jobs. In most instances, her additional jobs required her to work after school, on Saturdays, and in the evenings.
In 1990, a complaint was filed charging Krumroy with nonsupport of his daughter from December 1, 1988, to November 1, 1990. Prior to the trial of this matter, the complaint was amended to allege that the nonsupport continued through August 15, 1994.
Krumroy was arrested in California in 1994 and was returned to Kansas for trial. At the time of his arrest, he was living in his car and was rummaging through a trash dumpster for recyclables. He testified that he began living in his car in 1993 and that his annual income was $5,000, mostly as an "ecology specialist, " collecting aluminum cans and other recyclables.
While in California, Krumroy suffered an eye injury while working on the production line in a book bindery. He received workers compensation for some period of time. He also developed cataracts and had surgery at a VA hospital.
A court-appointed psychologist testified that she had diagnosed Krumroy with bipolar disorder, more commonly known as manic depression. Krumroy told this psychologist that he could not use his degree to work because "Filipinos are flooding the market, " and working for lower wages and, as a result, there were no jobs left for him.
Krumroy raises several issues on appeal.
IMPRISONMENT FOR DEBT
Krumroy argues that K.S.A. 21-3605 violates the prohibition
against imprisonment for debt found in the Kansas Constitution Bill of Rights. We disagree.
Article 16 of the Bill of Rights to the Kansas Constitution provides: "No person shall be imprisoned for debt, except in cases of fraud."
The State does not argue that the constitutional provision quoted above prohibits imprisonment for the failure to pay debt in the absence of fraud. The State argues that under the circumstances shown in this case, Krumroy was not imprisoned for debt.
We agree with the State. Krumroy's argument is without merit. In State v. Jones, 242 Kan. 385, 389-90, 748 P.2d 839 (1988), our Supreme Court indicated the following concerning constitutional guarantees against imprisonment for debt:
"Constitutional guarantees against imprisonment for debt have as their purpose the prevention of the useless and often
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