Limbaugh v. State

The appellant, Julie Limbaugh, appeals the trial court’s order finding that she violated her probationary placement, revoking probation, and placing her on an additional 10 years of probation. Because there is an absence of evidence and of a judicial finding that the probationer had the ability to pay, we reverse.

An extensive exposition of the facts is unnecessary for an understanding of our disposition of this case. Suffice it to say that Ms. Limbaugh’s probation was conditioned, among other things, upon her payment of a monthly restitution amount, as well as the cost of her supervision,…