Paula Faye Netter v. State

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00402-CR

PAULA FAYE NETTER APPELLANT V.

THE STATE OF TEXAS STATE

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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY ----------

POST-ABATEMENT MEMORANDUM OPINION 1 ----------

Appellant Paula Faye Netter appealed her conviction for bail jumping.

Specifically, she challenged the restitution ordered as part of her sentence. In a memorandum opinion and order of abatement, we overruled Appellant’s first issue, sustained her third issue requesting abatement, and abated the appeal remanding the case to the trial court for a determination of the appropriate amount of restitution. See Tex. R. App. P. 44.4; Barton v. State, 21 S.W.3d 287,

1 See Tex. R. App. P. 47.4.

290 (Tex. Crim. App. 2000). The trial court conducted a hearing and determined that no restitution should be ordered in the bail-jumping case. Based on these facts, we sustain Appellant’s second issue challenging the inclusion of the restitution amount, and modify the trial court’s judgment in the bail-jumping case to delete the $20,803.79 restitution amount. As modified, we affirm the trial court’s judgment. See Tex. R. App. P. 43.2(b).

LEE GABRIEL

JUSTICE

PANEL: GARDNER, MEIER, and GABRIEL, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: May 30, 2013