State v. Fowlie

The defendant, Stephen Fowlie, appeals the decision of the Superior Court {Arnold, J.), revoking his probation and imposing a previously deferred sentence of imprisonment. The revocation was based on the defendant’s failure to comply with a condition of his sentence that he pay restitution. We vacate and remand.

In September 1992, the defendant pleaded guilty to first degree assault and was sentenced to one to three years incarceration, deferred for one year, and two years probation. The sentence allowed the defendant to petition the court thirty days prior to the expiration of the deferred…