Court of Criminal Appeals of Texas
Randolph Walter Barton, Appellant v. the State of Texas
June 28, 20002000 Tex. Crim. App. LEXIS 71
Summary
The Court of Criminal Appeals held that Texas Code of Criminal Procedure article 44.29(b) does not supersede the remedy set forth in Cartwright for an unsupported restitution amount. Accordingly, the proper remedy is to abate the appeal, set aside the restitution amount, and remand the case for a restitution hearing, not a new punishment trial. The Court vacated the lower appellate court's order for a new punishment hearing and remanded for restitution determination.