Helmlinger v. State

The significant issue in this case is whether the sentencing court was without authority to enter an order revoking probation that required the payment of restitution in the amount of $10 a month as a condition of parole. Michael Dean Helmlinger (Helmlinger) asserts as error the inclusion in an Amended Order of Revocation of Probation of a requirement for the payment of $10 a month toward restitution as a condition of future parole. Helmlinger also contends that the trial court erred in failing to make an appropriate finding of his ability to pay restitution. We conclude that the Amended Order of Revocation of Probation does not encompass any unlawful requirement for the payment of restitution and, in light of recent authority, we hold there is no requirement for a finding of the ability to pay, although this record does demonstrate an adequate finding of Helmlingers ability to pay restitution. The Amended Order of Revocation of Probation is affirmed.