State v. Conde

Citations

• 2021 Ohio 4222

Syllabus

The trial court erred when it revoked probation for failure to pay restitution and imposed a prison sentence as it did not make findings consistent with Bearden that either (1) the probationer failed to pay restitution willfully or intentionally by not making a bona fide effort, or (2) despite the probationer's bona fide efforts, an alternative means of punishment would not be adequate to meet the State's interests in punishment and deterrence. Assignment of error sustained. Judgment reversed and cause remanded.