Hutchinson v. State, 449 S.W.3d 332

Hutchinson pled no contest to arson (May 2001), received a 20-year sentence with 13 years suspended, and was ordered to pay $52,782.12 in restitution at $100/month (later modified to $150/month).
The State filed revocation petitions in 2004 and again in 2012 for nonpayment; an agreed order in 2004 converted the petition to contempt and increased payments to $150/month.
Payment records showed Hutchinson made payments from 2002 through mid-2011 but ceased payments after June 3, 2011; the ledger reflected a remaining balance of approximately $43,498.12.
Hutchinson testified he developed medical conditions (aneurysms, vascular neurosis) beginning in 2010, claimed inability to work, sought disability benefits, sold property in 2013 and received net proceeds he largely spent on medical bills and moving, and admitted substance use after his medical problems arose.
The circuit court discredited aspects of Hutchinson’s explanation (including use of sale proceeds and methamphetamine use), found his failure to pay willful, and revoked his suspended sentence, imposing 30 months’ imprisonment and 126 months’ suspended imposition of sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to pay restitution was willful such that suspension may be revoked	Hutchinson: medical disability, attempted but denied disability benefits, sale proceeds spent on necessities, and lack of credit constitute nonwillful inability to pay	State: payment ledger shows cessation of payments and evidence supports ability/resources and lack of excuse for nonpayment	Court: Failure to pay was willful; revocation affirmed

Reese v. State, 26 Ark. App. 42 (1988) (once State shows nonpayment, burden shifts to defendant to offer a reasonable excuse)