Court of Criminal Appeals of Texas

Harold Wayne Bailey, Appellant v. the State of Texas

March 24, 20042004 Tex. Crim. App. LEXIS 516

Summary

The Court held that a restitution order completes the sentencing, so the notice of appeal filed within 30 days of that order was timely; the appellate court's dismissal was reversed and the case remanded for a merits hearing. A concurring opinion emphasized restitution as an integral part of sentencing, while dissenting opinions argued the appeal deadline should run from the original sentencing and that the restitution order is not appealable.