holding a willfulness analysis is required for a trial court to revoke probation based on a probationer's failure to repay court costs
How later courts described this case
- holding a willfulness analysis is required for a trial court to revoke probation based on a probationer's failure to repay court costs
- indicating the determination of indigent status for purposes of appointment of an attorney is a separate issue from the determination of a defendant’s ability to pay fines and/or costs
- allowing 60 days from the date the mandate issues for the State or sentencing court to reinitiate revocation proceedings against the petitioner
- “If the sentencing court subsequently seeks to revoke Mr. Fleming's probation for failing to pay his required court costs, it must conduct a hearing to determine whether Mr. Fleming had the ability to pay or whether he failed to make bona fide efforts to acquire the resources to pay his court costs.”
Written by the judges who cited it.
The opinion
Paul C. Wilson, Judge,
dissenting
I would quash the writ for the reasons stated on pages 6-7 of the dissenting opinion of Judge Fischer.