State v. Talty

814 N.E.2d 1201 (2004)

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Nature of the Case

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Facts

D was indicted on two counts of nonsupport. D plead no contest. The trial court accepted D's no-contest plea and found him guilty of both counts of nonsupport. The trial court sentenced D to community control for five years under nonresidential sanctions in the form of the general supervision and control of the Adult Probation Department. As a condition of that community control, the trial court ordered D to 'make all reasonable efforts to avoid conceiving another child.' D appealed. The court of appeals concluded that the reasonableness test enunciated in State v. Jones governed the validity of the community control sanction. The court of appeals held that the order was constitutional. In so holding, the court reasoned that the condition was reasonably related to the three objectives underlying the former probation statute: the rehabilitation of the defendant, the administration of justice, and the prevention of future criminality. D challenges the antiprocreation condition on both constitutional and nonconstitutional grounds. The parties disagree. However, his constitutional challenge should be governed by a strict-scrutiny analysis.