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

Summary

The Court of Criminal Appeals of Texas affirmed the trial court's restitution order, holding that a state court may order criminal restitution even when the underlying debt was discharged in a Chapter 7 bankruptcy. The court relied on the Supreme Court's decision in Kelly v. Robinson, congressional amendments to the Bankruptcy Code, and Fifth Circuit precedent. A concurring opinion agreed with the result but argued that the majority should consider the prosecutor's motivation when the restitution order is alleged to circumvent the Bankruptcy Code. Justice Meyers, in concurrence, emphasized the need for a "principal motivation" test in such cases.