We granted Blake Anthony Johnson’s application for discretionary review of the revocation of his probation. Johnson contends that trial court erred when it revoked his probation because he failed to pay court-ordered fines and fees. For the reasons that follow, we agree and reverse. Johnson pled guilty to possession of marijuana in 2008. He was sentenced as a first offender to eight years on probation and ordered to pay a fine in the amount of $1,500, court costs of $110, and a monthly probation supervision fee of $32. In 2009, the state filed a petition to modify or revoke Johnson’s probation, alleging, inter alia, that Johnson failed to pay court-ordered fines, costs, and fees, and had committed new offenses. In response to the state’s petition, the trial court adjudicated Johnson guilty and sentenced him to serve eight years on probation, with credit for time already served, in accordance with the terms originally imposed for the 2008 possession of marijuana conviction. Additionally, he was ordered to complete a three to four-month program at a detention center and an outpatient substance abuse program. Two months later, Johnson pled guilty to possession of marijuana with intent to distribute. Johnson was sentenced to ten years probation, with the same conditions imposed, and he was ordered to pay $110 in court costs and a monthly probation supervision fee of $32. Subsequently, the state filed a petition to modify or revoke Johnson’s probation, on the sole ground that he failed to pay court-ordered fines, costs, and fees.
An evidentiary hearing was held at which Johnson testified that he did not have a job; that he had applied for employment at several places, which he named; that his family did not have the resources to help him pay his probation costs; and that he completed the detention center and substance abuse programs. The court posed questions to Johnson as to his age and his mental and physical ability to work, and Johnson explained that he was able to work. Johnson’s probation officer testified that Johnson was in arrears on both his fine and his fees; that he had not made a payment since August of 2008; and that he had not talked with her about his failed efforts to obtain a job or his inability to pay his probation costs. The trial court ruled that Johnson had violated the terms and conditions of his probated sentences by failing to pay court-ordered fines and fees. The court revoked his probation, then reinstated it, making all of the conditions special, and required Johnson to serve 12 months in the detention center. It is from this order that Johnson appeals.
