Ewell v. State

Joan Ewell appeals her judgment and sentence for violation of probation. We reject her argument that the trial court abused its discretion in finding that she had the ability to pay restitution and willfully failed to do so. We do find, however, that the trial court’s upward departure *437sentence is not supported by substantial competent evidence. Accordingly, we affirm the judgment but reverse the sentence and remand for imposition of a guidelines sentence.

Ewell argues that the court erred in upwardly departing from the sentencing guidelines. The state fails to address this argument. It simply…