Legal Opinion

Burt, Lemuel Carl v. State

Texas Court of Appeals, 5th District (Dallas)

Decided October 15, 2014No. 05-09-00116-CRPublished

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1563-13 LEMUEL CARL BURT v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY C OCHRAN, J., delivered the opinion of the unanimous Court. OPINION 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…

2Cases cited26 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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