AFFIRM as modified; Opinion issued February 14, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00280-CR
No. 05-12-00281-CR
No. 05-12-00282-CR
LARRY 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. F10-00512-NJ, F10-00517-J, F10-00518-J
MEMORANDUM OPINION
Before Justices Bridges, O’Neill, and Murphy
Opinion by Justice Bridges
Larry Michelle Schulz waived a jury and pleaded guilty to engaging in organized
criminal activity, theft of property valued at $20,000 or more but less than $100,000 from an
elderly person, and unlawful restraint. See TEX. PENAL CODE ANN. §§ 20.02(a), 31.03(a),
71.02(a) (West 2011 & Supp. 2012). Pursuant to plea agreements, the trial court deferred
adjudicating guilt, placed appellant on ten years’ community supervision, assessed a $1,000 fine,
and ordered $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 November 29, 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 January 9, 2013, we reinstated the appeals and adopted the trial court’s finding 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.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
120280F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LARRY MICHELLE SCHULZ, Appeal from the Criminal District Court
Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F10-00512-NJ).
No. 05-12-00280-CR V. Opinion delivered by Justice Bridges,
Justices O’Neill and Murphy 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 February 14, 2013.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LARRY MICHELLE SCHULZ, Appeal from the Criminal District Court
Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F10-00517-J).
No. 05-12-00281-CR V. Opinion delivered by Justice Bridges,
Justices O’Neill and Murphy 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 February 14, 2013.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LARRY MICHELLE SCHULZ, Appeal from the Criminal District Court
Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F10-00518-J).
No. 05-12-00282-CR V. Opinion delivered by Justice Bridges,
Justices O’Neill and Murphy 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 February 14, 2013.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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