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HANNA v. STATE

No. CA CR 09-121.

372 S.W.3d 375 (2009)

2009 Ark. App. 809

Russell Allen HANNA, Appellant v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

December 2, 2009.

Attorney(s) appearing for the Case

Hancock, Lane & Barrett, Little Rock, by: Jonathan T. Lane, for appellant.

Dustin McDaniel, Att'y Gen., by: Nicana C. Sherman, Ass't Att'y Gen., for appellee.

D.P. MARSHALL JR., Judge.

The circuit courts often condition probation or the suspended imposition of a sentence on restitution. Ark.Code Ann. § 5-4-205(f) (Supp.2009). When a defendant fails to pay and resists revocation by asserting an inability to pay, what amount and kind of evidence must the State offer to justify revocation?

I.

In 2004, Russell Hanna pleaded guilty to Class "C" felony nonsupport. Ark.Code Ann. § 5-26-401(a), (b)(2...

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