Gary Layne Smith v. the State of Texas

IN THE TENTH COURT OF APPEALS No. 10-19-00134-CR GARY LAYNE SMITH, Appellant v. THE STATE OF TEXAS, Appellee From the 66th District Court Hill County, Texas Trial Court No. 39,230 D I S S E N T I N G & C O N C U R R I N G OPINION In the instant case, the trial court’s judgment indicates that “$516.35 SO Ext. costs” and “Del. prob. $562.00” were imposed as “restitution.” A majority of this Court has concluded that these fees should be deleted from the judgment because they are restitution that was not orally pronounced at trial. Because I do not believe that these fees are restitution…