Judy Elliot Martin, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals reversed the Court of Appeals and remanded for reformulation of the restitution order, holding that under Tex. Code Crim. Proc. Ann. art. 42.12 §11(b) restitution may be ordered only to the victim of the offense of conviction. The majority reasoned that the statutory limitation ties restitution to the victim of the charged and convicted offense and that extending restitution to other investors exceeds the trial court’s authority. Justice Baird dissented, arguing that the statute permits restitution to any victim with a factual basis of liability.