Phillips v. State

Brian S. Miller, Judge.

Appellant Garland Phillips appeals

the January 16, 2007, revocation of his suspended imposition of sentence by the Crawford County Circuit Court. Phillips argues that the trial court erred when it refused to consider whether his failure to pay fines and restitution was “inexcusable.” We agree and reverse and remand for further proceedings.

On September 20, 2005, Phillips pled guilty to one count of overdraft in case number CR 04-444-2. His sentence was suspended based on the following terms and conditions: that he pay $911.74 restitution at the rate of fifty dollars per…