Legal Opinion
Miller v. State
Texas Court of Appeals, 10th District (Waco)
Decided May 31, 2011No. 10-10-00071-CRPublishedCited by 23 opinions
1Opinion of the Court
OPINION
TOM GRAY, Chief Justice.
Kevin Miller was convicted of the offense of criminal mischief, a state jail felony. Tex. Penal Code Ann. § 28.03(a)(1), (b)(4) (West Pamp. 2010). Miller was sentenced to two years in a state jail facility. The sentence was suspended, and Miller was placed on community supervision for two years. Although the evidence is legally sufficient to support the element of “cost of repair,” the trial court abused its discretion is setting the amount of restitution. The appeal is remanded to the trial court for a new restitution hearing.
BACKGROUND
Although the stories of…
2Cases cited20 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Moff v. StateCourt of Criminal Appeals of Texas · 2004
- Wallace v. StateCourt of Criminal Appeals of Texas · 2003
- Cartwright v. StateCourt of Criminal Appeals of Texas · 1980
- Gonzalez v. StateCourt of Criminal Appeals of Texas · 2003
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. ChambersAppellate Court of Illinois · 2020
- People v. ChambersAppellate Court of Illinois · 2020
- Carl Clifton Carnley v. the State of Texas, Texas Court of Appeals, 10th District (Waco)2023
- Gerald Dean Ainsworth v. State, Texas Court of Appeals, 10th District (Waco)2020
- Holly Leann Elliott v. State, Texas Court of Appeals, 12th District (Tyler)2021
18 more not listed; retrieve them via the Exa API.