Narrative Opinion Summary
The order issued on November 29, 2012, concerns the appeals of Larry Michelle Schulz against the State of Texas, designated as No. 05-12-00280-CR, No. 05-12-00281-CR, and No. 05-12-00282-CR. The Court, comprising Justices Bridges, O’Neill, and Murphy, has decided to set aside the trial court's restitution order. The cases are remanded to the trial court for a hearing to determine the correct amount of restitution. The trial court is instructed to send a record of the proceedings, including new written restitution orders, to the Court within thirty days. The appeals are abated to facilitate this compliance, with the appeals to be reinstated either thirty days from the order date or upon receipt of the restitution hearing record, whichever occurs first.
Legal Issues Addressed
Procedural Compliance in Appealssubscribe to see similar legal issues
Application: The appellate court abated the appeals to ensure procedural compliance with its instructions regarding the restitution hearing.
Reasoning: The trial court is instructed to send a record of the proceedings, including new written restitution orders, to the Court within thirty days. The appeals are abated to facilitate this compliance, with the appeals to be reinstated either thirty days from the order date or upon receipt of the restitution hearing record, whichever occurs first.
Restitution Order Remandsubscribe to see similar legal issues
Application: The appellate court set aside the trial court's restitution order, requiring a new hearing to determine the correct amount of restitution.
Reasoning: The Court, comprising Justices Bridges, O’Neill, and Murphy, has decided to set aside the trial court's restitution order. The cases are remanded to the trial court for a hearing to determine the correct amount of restitution.