Johnson v. State
307 Ga. App. 570
| Ga. Ct. App. | 2011Background
- Johnson pled guilty to possession of marijuana in 2008 and, as a first offender, received eight years' probation with a $1,500 fine, $110 court costs, and a $32 monthly supervision fee.
- In 2009 the state sought to modify or revoke probation for nonpayment of fines/costs/fees and alleged new offenses; the trial court adjudged him guilty and extended probation with conditions including detention center and outpatient programs.
- Two months later Johnson pled guilty to possession with intent to distribute and received ten years' probation under the same conditions, including the monetary obligations.
- The state petitioned to revoke/probation for Johnson's failure to pay the assessed fines, costs, and fees.
- At an evidentiary hearing Johnson testified he was unemployed but able to work and had attempted to find employment; his probation officer testified he was in arrears and had not paid since August 2008.
- The trial court revoked Johnson's probation, later reinstated it with special conditions, and ordered 12 months in the detention center; Johnson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bearden requires explicit findings on wilfulness for probation revocation based on failure to pay. | Johnson | State | Bearden findings required; reversal if absent. |
| Whether a negotiated plea defeats Bearden's requirement for wilfulness analysis. | Johnson | State | Bearden applies despite negotiated plea; no automatic defeat. |
| Whether the trial court abused its discretion by not considering alternative punishments. | Johnson | State | Trial court abused discretion; remand for proper Bearden analysis. |
Key Cases Cited
- Bearden v. Georgia, 461 U.S. 660 (U.S. Supreme Court 1983) (requires inquiry into reasons for nonpayment; consider alternatives if cannot pay)
- Dickey v. State, 257 Ga. App. 190 (Ga. Ct. App. 2002) (negotiated restitution does not automatically excuse Bearden requirements)
- Reid v. State, 204 Ga. App. 358 (Ga. Ct. App. 1992) (Bearden hearing required if probation about to be revoked for failure to pay a fine)
- Cannon v. State, 260 Ga. App. 15 (Ga. Ct. App. 2003) (no Bearden inquiry required when defendant admitted violation and promised repayment)
- Griffin v. State, 302 Ga. App. 807 (Ga. Ct. App. 2010) (Bearden-related considerations in probation revocation for fines)
- Massey v. Meadows, 253 Ga. 389 (Ga. 1984) (Bearden's applicability to fine payment as a condition precedent to probation)