State of Tennessee v. Raymond Bradley, Jr.

The defendant, Raymond Bradley, Jr., appeals from the trial court’s revocation of probation for failure to pay restitution. The defendant pleaded guilty in 2009 to facilitating aggravated burglary, a Class D felony, in exchange for a four-year suspended sentence, and the trial court ordered him to pay $15,500 in restitution. This court affirmed the trial court’s judgment. On August 11, 2010, the trial court found that the defendant violated the terms of his suspended sentence and revoked his probation. On appeal, the defendant argues that the trial court abused its discretion by revoking his probation without finding that the defendant had the ability to pay, that he willfully failed to pay, and that no alternative measure to incarceration was available. Following our review, we reverse the judgment of the trial court and remand for proceedings consistent with this opinion.