Busby v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

the Court

in which MeCORMICK, Presiding Judge, and BAIRD, MEYERS, KELLER, PRICE and HOLLAND, Judges, joined.

At issue in this case is a court’s authority to impose a condition of community supervision that requires a probationer to reimburse the county for payments to the attorney pro tem who prosecuted. We hold that the legislature has not given the courts such authority-

I

The appellant waived trial by jury and pleaded guilty to five indictments charging misapplication of fiduciary property. The court assessed punishment in each case at ten…