Commonwealth v. Brawner (ORDER)

Syllabus

In a probation revocation proceeding, the circuit court issued a show cause to a probationer, based on failure to pay court costs. Following a hearing, the circuit court found that he was in violation of the conditions of probation, but the Court of Appeals reversed, emphasizing certain statements by the circuit court, and holding that it was an abuse of the circuit court's discretion to find the petitioner in violation of the terms of his probation because the record does not support a finding that the probationer willfully failed to comply with probation. On this appeal, the Supreme Court agrees with the Commonwealth's contentions that the Court of Appeals misconstrued certain comments made by the circuit court and, moreover, that the evidence was sufficient for the circuit court to find this probationer in violation of the conditions of his probation. The circuit court could conclude on the facts here that the probationer's failure to make any payments whatsoever over the course of an entire year, combined with his failure to seek to establish a payment agreement, constituted a willful violation of his obligation to pay court costs. At the conclusion of argument by counsel, the circuit court ultimately held that this petitioner had willfully violated his obligation to pay at least a portion of his court costs. On this appeal it cannot be said that the circuit court abused its discretion in this instance. For the reasons set forth in this decision, the judgment of the Court of Appeals is reversed, and final judgment is entered for the Commonwealth.