Alexander v. State (2009)

In Alexander v. State, 301 S.W.3d 361, 364 (Tex. App.--Fort Worth 2009, no pet.), the order deferring adjudication included that the defendant pay $10,871.25 in restitution as a condition of community supervision. The trial court later adjudicated Alexander's guilt but did not include a restitution order in its oral pronouncement of sentence. Id. at 363. The Court then held that because the requirement that Alexander pay $10,311.25 in restitution was punishment and part of his sentence in the judgment adjudicating guilt, it should have been included in the trial court's oral pronouncement of sentence. Id. at 364. Because the trial court did not order payment of unpaid restitution in its oral pronouncement of sentence, this court modified the judgment to delete the language regarding the payment of restitution. Id.