Odom v. State, 312 Ga. App. 403

Odom pled guilty to felony theft by taking under First Offender Act; sentenced to 10 years with most time in confinement and remaining on probation, plus restitution of $44,794.
Probation ended February 3, 2011 after tolling; the State filed a petition January 26, 2011 alleging probation violations for failing to report and pay restitution.
Probation officer testified her last contact with Odom was May 2010; Odom claimed he spoke to a supervisor in August 2010 and tried to contact the office but had a disconnected phone.
Odom testified he searched for work but had not paid restitution since 2007; evidence showed $11,783.07 paid, still owing $35,408.96; he had not worked for three years due to arrests.
Trial court found no valid reason for nonpayment, rejected his efforts as insufficient, and adjudicated him guilty of probation violations, re-sentencing him with a condition to terminate early upon full restitution.
Court cited Bearden and Johnson standards, holding revocation for failure to pay requires inquiry into willfulness; court found sufficient evidence and affirmed revocation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether revocation for failure to pay restitution complied with Bearden inquiry	State contends Bearden requires inquiry into reasons for nonpayment and Bona fide efforts; evidence supported willfulness.	Odom argues trial court failed to adequately inquire into whether nonpayment was willful.	Affirmed; trial court's inquiry and findings supported revocation.

Bearden v. Georgia, 461 U.S. 660 (1983) (requires inquiry into reasons for failure to pay restitution)
Johnson v. State, 307 Ga. App. 570, 707 S.E.2d 373 (2011) (Bearden standard applied to probation revocation for nonpayment)