People v. Harder

Alice M. Harder, defendant, appeals from an order revoking her probation for theft and forgery and sentencing her to a term of one to three years. On appeal defendant argues that her failure to make restitution payments was an insufficient basis upon which to revoke her probation since her failure to make those payments was not willful.

Defendant was charged by indictment with theft and forgery. On February 11, 1972, after a pre-trial conference, defendant entered a negotiated plea of guilty and was placed on probation for a period of five years with the conditions that she serve the first 90…