Pennington v. State

OPINION

RICHARDS, Justice.

Adlai Pennington appeals from his conviction for securing the execution of a document by deception. The jury assessed punishment of a two-year sentence probated for two years and a $10,000 fine. As a condition of probation, the trial court set restitution in the amount of $144,680.31, to be paid in monthly installments of $6,580 over the two-year probationary period.

Pennington’s only point of error on appeal asserts the trial court erred in setting the restitution amount by failing to consider Pennington’s ability to make the restitution payments. We conclude the…