Court of Criminal Appeals of Texas

Robert Cabla, Jr., Appellant v. the State of Texas

December 8, 19991999 Tex. Crim. App. LEXIS 135

Summary

The Court affirmed the trial court's restitution order, holding that a bankruptcy discharge does not preclude a state court from ordering restitution in a criminal case. It also held that the appellant bears the burden to show the prosecution was motivated to collect a discharged debt, and he failed to meet that burden. Justice Meyers, in a concurring opinion, agreed with the result but argued that the court should consider the prosecutor's motive when the restitution order may conflict with the Bankruptcy Code.