Court of Criminal Appeals of Texas

Alfonso Flores, Appellant v. the State of Texas, Appellee

July 10, 19741974 Tex. Crim. App. LEXIS 1804

Summary

The Court affirmed the judgment, holding that the trial court did not exceed its statutory authority by imposing the probation conditions or restitution requirements. It found that the failure to specifically charge the jury on restitution does not limit the court's power, and that the restitution to the named parties was permissible under Article 42.12, Sec. 6. The opinion notes that while more explicit wording of conditions is desirable, it does not affect the outcome. Justice Roberts, dissenting, would have reversed the restitution condition, and Justice Morrison, concurring in part and dissenting in part, agreed with the majority on the record issue but disagreed on the scope of restitution.