This Court granted Ronnie David Odom’s application for discretionary review of the revocation of his probation. Odom contends that the trial court erred by revoking his probation for failure to pay court-ordered restitution without correctly inquiring into whether Odom’s failure to pay was willful.1 For the reasons that follow, we affirm. Odom entered a negotiated plea to felony theft by taking2 of $44,200 on April 1, 1999, pursuant to the First Offender Act3 without an adjudication of guilt. Odom was sentenced as a first offender to serve ten years, three months of which he was ordered to serve in confinement with the remainder to be served on probation. Additionally, Odom was required to pay restitution of $44,794 in addition to fines and costs. As a result of a number of tolling orders, Odom’s probation was set to end on February 3, 2011. The State filed its “petition for adjudication of guilt and imposition of sentence in first offender case” on January 26, 2011, in which it alleged that Odom violated the terms of his probation by failing to report on July 27, 2010, or any day thereafter with his probation officer.
A hearing was held at which Odom’s probation officer testified that her last contact with Odom was in May of 2010, that she told him she was going on leave, that she directed him to contact her supervisor via phone during her leave, that he did not contact her supervisor as instructed, and that Odom’s phone number was disconnected shortly before the warrant was issued for his arrest. Odom was arrested on January 9, 2011, pursuant to a warrant for his arrest for violations of his probation. Odom testified that he called the supervisor but was unable to speak to anyone; that he talked to his probation officer in August of 2010; and that he did not attempt to make contact with the probation office between August 2010 and the date of his arrest, January 9, 2011, because he was waiting on probation to obtain a court date for him. Regarding the payment of restitution, there was evidence that Odom had paid $11,783.07, but still owed $35,408.96; that Odom had not made a payment since 2007; and that Odom had not worked for three years during that time partially because of arrests for probation violations. Odom testified that he made efforts to find work in his field, including researching on the Internet and talking to friends for referrals. The record includes an affidavit of indigence for Odom.
