Modified as Affirm and Opinion Filed July 12, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00287-CR
No. 05-12-00288-CR
THOMAS ALVIN SCHULZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F10-00500-J, F11-00343-J
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Evans
Opinion by Justice Bridges
Thomas Alvin Schulz waived a jury and pleaded guilty to credit card abuse and theft of
property from an elderly person valued at $500. See TEX. PENAL CODE ANN. § 31.03(a), (e)(3),
(f)(3)(A), 32.31(b), (d) (West 2011 & Supp. 2012). Pursuant to plea agreements, the trial court
deferred adjudicating guilt, placed appellant on five years’ community supervision, and assessed
a $1,000 fine and $85,506.22 in restitution in each case. In his sole issue on appeal, appellant
challenged the sufficiency of the evidence to support the amount of restitution ordered. In our
opinion of September 19, 2012, we sustained appellant’s issue, set aside the trial court’s
restitution orders, and ordered the trial court to conduct a hearing to determine the proper amount
of restitution.
On February 21, 2013, we reinstated the appeals and adopted the trial court’s findings
that the parties reached an agreement regarding the amount of restitution. We have received
supplemental records containing the amended community supervision condition that orders
appellant to pay $45,000 in restitution. Accordingly, we modify the trial court’s judgments to
reflect the restitution amount is $45,000 in each case. See TEX. R. APP. P. 43.2(b); Bigley v.
State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529–30
(Tex. App.─Dallas 1991, pet. ref’d).
As modified, we affirm the trial court’s judgments.
Do Not Publish
TEX. R. APP. P. 47
120287F.U05
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
‐2‐
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THOMAS ALVIN SCHULZ, Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas (Tr.Ct.No.
No. 05-12-00287-CR V. F10-00500-J).
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Francis and Evans participating.
Based on the Court’s opinion of this date, the trial court’s order of deferred adjudication
is MODIFIED as follows:
The section entitled “Restitution” is modified to show “$45,000.”
As modified, we AFFIRM the trial court’s order of deferred adjudication.
Judgment entered July 12, 2013
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
‐3‐
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THOMAS ALVIN SCHULZ, Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas (Tr.Ct.No.
No. 05-12-00288-CR V. F11-00343-J).
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Francis and Evans participating.
Based on the Court’s opinion of this date, the trial court’s order of deferred adjudication
is MODIFIED as follows:
The section entitled “Restitution” is modified to show “$45,000.”
As modified, we AFFIRM the trial court’s order of deferred adjudication.
Judgment entered July 12, 2013
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
‐4‐