Court of Criminal Appeals of Texas

Dana Hanna, Appellant v. the State of Texas

April 9, 20142014 Tex. Crim. App. LEXIS 542

Summary

The Court affirmed the appellate court's judgment deleting a restitution order in a DWI case because the State failed to prove that the defendant's intoxicated driving was the direct cause of the utility pole damage. The Court held that restitution may be ordered in DWI cases and for victims not named in the charging instrument, but only when the State shows a causal link by a preponderance of the evidence.