Burt, Lemuel Carl
Court of Criminal Appeals of Texas
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
- In Re OliverSupreme Court of the United States · 1948
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Taylor v. StateCourt of Criminal Appeals of Texas · 2004
- Ex Parte MaddingCourt of Criminal Appeals of Texas · 2002
- Cartwright v. StateCourt of Criminal Appeals of Texas · 1980
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4Cited by118 opinions
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- In re SinclairUnited States Bankruptcy Court, S.D. Texas · 2016
- Aaron Michael Petton v. State, Texas Court of Appeals, 6th District (Texarkana)2021
- Alexis Marie Ireland v. State, Texas Court of Appeals, 3rd District (Austin)2015
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