Simmons v. State

WARNER, Judge.

In contesting the restitution order entered in appellant’s criminal prosecution, the appellant claims that the trial court improperly admitted and relied on inadmissible hearsay testimony. The trial court admitted and permitted testimony concerning a list of items which were on the truck stolen by the appellant. Because the list was not a business record within the evidence code, the evidence was inadmissible. We therefore reverse the restitution order.

Appellant admitted stealing a truck owned by Hawthorne Industries. A restitution hearing was held on the contention of the owner…