CRONE, J.
This case involves a father’s failure to pay child support for his two children. The father, a nuclear physicist, not only did not pay support as ordered, but he also left the jurisdiction, moving to at least three different states to avoid extradition on an arrest warrant for felony nonsupport of a dependent child. He eventually was located in California and extradited to Indiana, where he was put in jail pending trial.
While in jail, the father went on a hunger strike, repeatedly asserted his right to represent himself, repeatedly rejected standby counsel, and repeatedly accused the trial court of wrongdoing. As trial approached, he said that he felt ill and wanted a certain attorney to represent him. The attorney was not licensed in Indiana, and the trial court granted the father’s request for a continuance so that his attorney could attempt to gain admission as out-of-state counsel. The father continued to file motions and act as his own counsel, refusing the help of the standby counsel provided by the court. The trial court refused his request for another continuance right before trial.
As of the day of trial, the father’s out-of-state attorney had filed two defective requests for admission in Indiana, and the father refused to leave his jail cell to attend the trial. The trial court consulted with employees from the jail, who said that the father had been ill but no longer was ill on the day of trial. The trial court tried the case without the father present, and a jury found him guilty of four counts of felony nonsupport of a dependent.
. . . .
. . . [A] trial court may conduct a defendant’s trial in absentia if it determines that the defendant knowingly and voluntarily waived that right. Jackson v. State, 868 N.E.2d 494, 498 (Ind. 2007).
When a defendant fails to appear for trial and fails to notify the trial court or provide it with an explanation of his absence, the trial court may conclude [that] the defendant’s absence is knowing and voluntary and proceed with trial when there is evidence that the defendant knew of his scheduled trial date.
Id. (citation and quotation marks omitted). “A defendant who has been tried in absentia must be afforded an opportunity to explain his absence and thereby rebut the initial presumption of waiver.” Soliz v. State, 832 N.E.2d 1022, 1029 (Ind. Ct. App. 2005), trans. denied. . . . .
Sanjari does not dispute that he was aware of his trial date. Instead, he asserts that he was physically incapable of attending his trial due to illness and that the nurses’ depositions and his medical records constituted newly discovered evidence justifying a new trial. . . . .
In its June 17, 2010 order denying Sanjari’s motion to correct error, the trial court stated,
There was nothing that prevented the Defendant from appearing at trial on November 9, 2009 except for his manipulation of his health by refusing to ingest solid food and his nutritional supplement known as “Boost.” His temperature was normal, near normal or slightly below normal on November 9, 2009. [Footnote omitted.] The testimony at trial on November 9, 2009 and the Court’s findings on that date are sufficient in determining Defendant’s failure to appear was wil[l]ful.
The defendant was given an opportunity to speak at his sentencing hearings and he did give his explanation for his failure to appear at trial. He also provided an affidavit on March 31, 2010 providing his explanation of his failure to appear which was considered. There is no error in regard to the Defendant having the opportunity to provide his explanation of his failure to appear at trial. This court is not persuaded by his statements.
Appellant’s App. at 1299-1300 (emphasis added).
Here, the trial court three times gave consideration to Sanjari’s reasons for being absent from trial. First, on the day of trial, the court questioned jail nursing supervisor Hertel under oath regarding Sanjari’s physical condition that day. The essence of their statements was that, although he had previously been ill, he had no fever on the morning of trial. They also indicated that his previous illness was largely due to his self-imposed hunger strike and failure to take his supplements as promised. The “newly discovered evidence” via medical records and nurses’ depositions, although longer and more detailed, basically affirmed the statements on the day of trial and was therefore merely cumulative. [Footnote omitted.]
At sentencing, Sanjari claimed that he had had an ear infection and complained about “the particularly severe inhospitable and punishing conditions in my cell even …. compared to other inmates in the same building.” Tr. April 1, 2010 Hrg. at 28. He also stated that his hunger strike “was not self-inflicted wound or injury.” Id. With respect to the ear infection, we note that the nurse supervisor told the court on trial day that Sanjari’s culture had come back negative for an ear infection. Again, Sanjari’s explanation at sentencing merely reiterated what the court already knew: that he had felt ill on days leading up to the trial.
Finally, in its June 17, 2010 order, the trial court specifically noted that it had considered Sanjari’s explanation for his absence advanced in the affidavit accompanying his motion to correct error; the court simply was “not persuaded by his statements.” Id. at 1300. Having witnessed Sanjari’s behavior throughout the proceedings, the trial court was in a better position to assess the credibility of his cited excuses. Based on the evidence in the record, we defer to that assessment. In sum, Sanjari failed to meet his burden of establishing that the “newly discovered evidence” was not cumulative or would have produced a different result. Thus, we find no abuse of discretion in the trial court’s denial of his motion to correct error regarding whether he knowingly, voluntarily, and intelligently waived his right to be present at trial.
. . . .
Sanjari also challenges the trial court’s denial of his motion for continuance. A continuance for the purpose of hiring private counsel immediately before trial is a matter within the trial court’s discretion. Washington v. State, 902 N.E.2d 280, 286 (Ind. Ct. App. 2009), trans. denied. . . . In general, continuances for additional time to prepare for trial are disfavored, and trial courts are cautioned against granting such motions unless good cause is shown and a continuance is in the interest of justice. Schmid v. State, 804 N.E.2d 174, 177-78 (Ind. Ct. App. 2004), trans. denied. “Continuances sought shortly before trial to hire a new attorney are disfavored because they cause substantial loss of time for jurors, lawyers and the court.” Id. at 177.
Here, Sanjari sought and was granted a one-week continuance on October 22, 2009, when he first indicated that he wanted Amini to represent him. The trial court not only granted the continuance, but it also instructed Sanjari that Amini could not represent him without first being admitted under Indiana’s rules for temporary admission of out-of-state counsel and provided Amini with a copy of the applicable rules. The trial court also informed Sanjari that the jury had been summoned for his upcoming November 9, 2009 trial and that he could submit proposed jury instructions and questions at the October 29, 2009 hearing.
In the intervening week, Sanjari prepared the proposed jury instructions and questions as well as objections to the State’s motion in limine. He also subpoenaed ten witnesses. However, Amini did not file a request for temporary admission during that week. At the October 29 hearing, Sanjari filed another motion for continuance, asserting that Amini was “the only acceptable attorney” and that Sanjari “would not accept any other attorney … including the current stand-by counsel.” Appellant’s App. at 808, 810. Sanjari stated that Amini was still in the process of obtaining the necessary proof of good standing in his home state of Ohio and would need thirty to sixty days to prepare for trial. Sanjari also indicated that settlement negotiations were in process. At the close of the hearing, the trial court indicated that Amini’s appearance as Sanjari’s counsel would be totally dependent upon Amini’s compliance with Indiana’s rules for temporary admission. As of the date of trial, Amini had filed two defective requests for admission, and the trial proceeded as scheduled. Meanwhile, standby counsel was present at pretrial hearings as well as at trial and was informed on all matters pertaining to Sanjari’s case.
. . . .
Here, the trial court did not unreasonably or arbitrarily interfere with Sanjari’s right to retain the counsel of his choice. Up until two weeks before trial, Sanjari was his own counsel of choice. He asserted in court that he “vehemently refused any kind of representation” because attorneys were “beholden to the Supreme Court” and therefore could not “provide a fair and honest to goodness service to their clients even if they wanted to because they would be afraid of repercussion by the Court.” Tr. Aug. 27, 2009 Hrg. at 12. Throughout the proceedings, he repeatedly asserted his right to proceed pro se. Having received the required admonitions from the trial court about the dangers associated with self-representation, he proceeded to file numerous motions, objections to the State’s motions, and requests for discovery. Before his dismissal, Sanjari’s GAL testified that Sanjari is a man of “superior intellectual capabilities …. completely competent to represent himself and his own interests …. Never have I seen anybody who was more qualified to make decisions for himself than is Dr. Sanjari.” Id. at 18.
Two weeks before trial, Sanjari changed his counsel of choice. When he asked that Amini be allowed to appear for him, the trial court granted a one-week continuance and provided Amini with the rules for temporary admission. One week later, when Amini had not accomplished the task, the trial court denied Sanjari’s second motion for continuance, stating that if Amini did not enter an appearance for Sanjari, it would be because Amini did not comply with the Indiana rules. Thus, the trial court’s refusal to allow Amini to appear was not unreasonable or arbitrary. Meanwhile, standby counsel remained present and available, and Sanjari’s continued flurry of filing activity indicates that he would continue to act pro se unless and until Amini was admitted pro hac vice. In sum, the trial court acted within its discretion in denying Sanjari’s motion for continuance for change of counsel.
Finally, to the extent Sanjari argues that he was statutorily entitled to a continuance based on illness, we note that his October 29, 2009 motion was not accompanied by oral testimony or a sworn written statement of a physician or medical official stating the nature and duration of his illness as required by statute. See Ind. Code § 35-36-7-1(e) (stating that motion for continuance based on defendant’s illness must be accompanied by oral testimony given in open court or a sworn written statement of physician or hospital official having care or custody of defendant presenting nature and probable duration of defendant’s incapacity to attend trial). The only explanation of illness that Sanjari offered in open court at the time of his motion was his own statement. As such, he was not statutorily entitled to an illness-based continuance.
. . . .
Originally, the State charged Sanjari with two counts of class C felony nonsupport, one pertaining to A.S. and one pertaining to M.S., with each count listing an arrearage of $17,728 as of August 31, 2006. On September 2, 2009, the State amended the information to add two counts of class D felony nonsupport, one pertaining to each child, as of August 31, 2006. The charging period and arrearages were not amended for Counts I and II. The jury convicted Sanjari on all four counts. Nevertheless, at sentencing, the trial court entered judgment on the two class C felony convictions and vacated the two class D felony convictions, presumably because of double jeopardy concerns.
Sanjari now claims that, due to double jeopardy constraints, the trial court could enter judgment of conviction on only one of the two class C felony counts. He predicates his claim on the fact that only one child support order exists. That support order is an “in gross” order covering both of Sanjari’s children. . . . Indiana Code Section 35-46-1-5(a) states,
A person who knowingly or intentionally fails to provide support to the person’s dependent child commits nonsupport of a child, a Class D felony. However, the offense is a Class C felony if the total amount of unpaid support that is due and owing for one (1) or more children is at least fifteen thousand dollars ($15,000).
(Emphasis added.)
The record supports Sanjari’s double jeopardy argument. The actual evidence used to convict Sanjari of two class C felony counts was one “in gross” support order. Although he has harmed more than one victim, he has committed only one crime: failure to pay at least $15,000 in support to one or more children. As such, conviction on both class C felony counts amounted to multiple punishments for the same offense in violation of his double jeopardy rights. Accordingly, we vacate his conviction on Count II class C felony nonsupport. We affirm his conviction and sentence on Count I, class C felony nonsupport.
KIRSCH, J., and BRADFORD, J., concur.