State v. Coker

The circuit court revoked Phillip Coker’s probation based solely on the failure to pay money and imposed a portion of the prison sentence originally suspended. Coker appeals arguing the circuit court failed to make the necessary findings of fact as to whether the violation was willful. We agree and reverse.

In Bearden v. Georgia, 461 U.S. 660, 672, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), the Supreme Court of the United States held that a court may not revoke probation solely on the basis of the failure to pay money unless the court makes certain findings of fact regarding the willfulness of the…