Opinion
No. 65331.
February 23, 1981.
Leave to appeal considered February 23, 1951 and, in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), we reverse the Court of Appeals judgment and remand this case to the Wayne Circuit Court. Plaintiff has conceded that an order of revocation based solely on an inability to pay can be an abuse of discretion and has indicated to the Court of Appeals that a remand would be an appropriate disposition of this matter. Defendant shall receive a new probation revocation hearing at which the circuit judge shall decide whether the original conditions of probation were lawful and, if so, whether those conditions were violated. Probation shall not be revoked for failure to pay child support or court costs absent appropriate findings of fact and conclusions of law on defendant's claim of indigency. If defendant's probation is again revoked on these or other grounds, the appropriate disposition shall be determined following preparation of a new presentence report and with consideration given to the nature of the probation violation and the present circumstances of the defendant. On remand, this matter shall be assigned to a different circuit judge. We retain no jurisdiction. Robin C. Ford, in propria persona, appellant. Reported below: 95 Mich. App. 608.