Thomas v. State

I respectfully dissent. In this case, Thomas’ probation was revoked by the trial court for two reasons: (1) he failed to make payments required by the terms and conditions of his probation (restitution, court costs, and cost of supervision); and (2) he failed to report to his probation officer, as the evidence showed, by not filing his monthly reports for November and December of 1997.

If probation is revoked for failure to make payments, “there must be a determination that the person has or has had the ability to pay but has willfully refused to do so.” Stephens v. State, 630 So.2d 1090, 1091…