Affirm as modified and Opinion Filed July 11, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00299-CR
No. 05-12-00300-CR
COURTNI MICHELLE SCHULZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F10-00501-J, F11-00342-J
MEMORANDUM OPINION
Before Justices Bridges, FitzGerald, and Myers
Opinion by Justice Bridges
Courtni Michelle Schulz waived a jury and pleaded guilty to credit card abuse and theft
of property from an elderly person valued at $500 or more but less than $1,500. 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
her sole issue on appeal, appellant challenged the sufficiency of the evidence to support the
amount of restitution ordered. In our opinion of February 27, 2013, 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 April 12, 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Do Not Publish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
120299F.U05
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
COURTNI MICHELLE SCHULZ, Appeal from the Criminal District Court
Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F10-00501-J).
No. 05-12-00299-CR V. Opinion delivered by Justice Bridges,
Justices FitzGerald and Myers participating.
THE STATE OF TEXAS, Appellee
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 11, 2013
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
‐3‐
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
COURTNI MICHELLE SCHULZ, Appeal from the Criminal District Court
Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F11-00342-J).
No. 05-12-00300-CR V. Opinion delivered by Justice Bridges,
Justices FitzGerald and Myers participating.
THE STATE OF TEXAS, Appellee
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 11, 2013
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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