From Casetext: Smarter Legal Research

Schulz v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 14, 2013
No. 05-12-00280-CR (Tex. App. Feb. 14, 2013)

Opinion

No. 05-12-00280-CR No. 05-12-00281-CR No. 05-12-00282-CR

02-14-2013

LARRY MICHELLE SCHULZ, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRM as modified; Opinion issued February 14, 2013

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause Nos. F10-00512-NJ, F10-00517-J, F10-00518-J


MEMORANDUM OPINION


Before Justices Bridges, O'Neill, and Murphy

Opinion by Justice Bridges

Larry Michelle Schulz waived a jury and pleaded guilty to engaging in organized criminal activity, theft of property valued at $20,000 or more but less than $100,000 from an elderly person, and unlawful restraint. See TEX. PENAL CODE ANN. §§ 20.02(a), 31.03(a), 71.02(a) (West 2011 & Supp. 2012). Pursuant to plea agreements, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, assessed a $1,000 fine, and ordered $85,506.22 in restitution in each case. In her sole issue on appeal, appellant challenged the sufficiency of the evidence to support the amount of restitution ordered. In our opinion of November 29, 2012, we sustained appellant's issue, set aside the trial court's restitution orders, and ordered the trial court to conduct a hearing to determine the proper amount of restitution.

On January 9, 2013, we reinstated the appeals and adopted the trial court's finding that the parties reached an agreement regarding the amount of restitution. We have received supplemental records containing the amended community supervision condition that orders appellant to pay $45,000 in restitution. Accordingly, we modify the trial court's judgments to reflect the restitution amount is $45,000 in each case. See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529-30 (Tex. App.-Dallas 1991, pet. ref'd).

As modified, we affirm the trial court's judgments.

____________________________

DAVID L. BRIDGES

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
120280F.U05

JUDGMENT

LARRY MICHELLE SCHULZ,
Appellant
No. 05-12-00280-CR V. THE STATE OF TEXAS, Appellee

Appeal from the Criminal District Court

No. 3 of Dallas County, Texas (Tr.Ct.No.

F10-00512-NJ).

Opinion delivered by Justice Bridges,

Justices O'Neill and Murphy participating.

Based on the Court's opinion of this date, the trial court's order of deferred adjudication is MODIFIED as follows:

The section entitled "Restitution" is modified to show "$45,000."

As modified, we AFFIRM the trial court's order of deferred adjudication.

____________________________

DAVID L. BRIDGES

JUSTICE

JUDGMENT

LARRY MICHELLE SCHULZ,
Appellant
No. 05-12-00281-CR V. THE STATE OF TEXAS, Appellee

Appeal from the Criminal District Court

No. 3 of Dallas County, Texas (Tr.Ct.No.

F10-00517-J).

Opinion delivered by Justice Bridges,

Justices O'Neill and Murphy participating.

Based on the Court's opinion of this date, the trial court's order of deferred adjudication is MODIFIED as follows:

The section entitled "Restitution" is modified to show "$45,000."

As modified, we AFFIRM the trial court's order of deferred adjudication.

____________________________

DAVID L. BRIDGES

JUSTICE

JUDGMENT

LARRY MICHELLE SCHULZ,
Appellant
No. 05-12-00282-CR V. THE STATE OF TEXAS, Appellee

Appeal from the Criminal District Court

No. 3 of Dallas County, Texas (Tr.Ct.No.

F10-00518-J).

Opinion delivered by Justice Bridges,

Justices O'Neill and Murphy participating.

Based on the Court's opinion of this date, the trial court's order of deferred adjudication is MODIFIED as follows:

The section entitled "Restitution" is modified to show "$45,000."

As modified, we AFFIRM the trial court's order of deferred adjudication.

____________________________

DAVID L. BRIDGES

JUSTICE


Summaries of

Schulz v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 14, 2013
No. 05-12-00280-CR (Tex. App. Feb. 14, 2013)
Case details for

Schulz v. State

Case Details

Full title:LARRY MICHELLE SCHULZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 14, 2013

Citations

No. 05-12-00280-CR (Tex. App. Feb. 14, 2013)