Lewellen v. State

PARKER, Judge.

Tracy Lewellen appeals the trial court’s order revoking his probation and the sentence imposed. We reverse because the trial court erred in revoking Lewellen’s probation for failure to pay restitution based on a payment schedule established by the probation officer. Our reversal of the revocation order renders Lewellen’s second issue moot.

The record in this case reflects that the 1988 sentencing order provided that Lewel-len was to “[m]ake restitution as directed or at an amount to be determined at restitution hearing.” A special condition of the order of probation provided:…