Legal Opinion

Burt, Lemuel Carl

Court of Criminal Appeals of Texas

Decided October 15, 2014No. PD-1563-13PublishedCited by 118 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · CochranCochran, J.

We address the following question: When the record is clear that the trial judge orally made restitution a part of the sentence, but either the amount or the person(s) to.whom it is owed is unclear, incorrect, or insufficient, should the restitution order be deleted or should the case remanded to the trial court for a hearing on restitution? We hold that, in such a case, appellate courts should vacate the faulty order and remand for a new restitution hearing.

Appellant was convicted of misapplication of fiduciary property in excess of $200,000, sentenced to 14 years’ confinement, and…

3Cases cited27 opinions

  1. In Re OliverSupreme Court of the United States · 1948
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. Taylor v. StateCourt of Criminal Appeals of Texas · 2004
  4. Ex Parte MaddingCourt of Criminal Appeals of Texas · 2002
  5. Cartwright v. StateCourt of Criminal Appeals of Texas · 1980

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4Cited by118 opinions

  1. Martinez v. StateCourt of Appeals of Texas · 2017
  2. Frank Ortegon v. StateCourt of Appeals of Texas · 2016
  3. In re SinclairUnited States Bankruptcy Court, S.D. Texas · 2016
  4. Aaron Michael Petton v. State, Texas Court of Appeals, 6th District (Texarkana)2021
  5. Alexis Marie Ireland v. State, Texas Court of Appeals, 3rd District (Austin)2015

113 more not listed; retrieve them via the Exa API.

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