Burt v. State

In Burt v. State, 445 S.W.3d 752, 760-61 (Tex. Crim. App. 2014), the jury found the defendant guilty after a trial and sentenced him to a term of imprisonment. Id. at 755. The trial court pronounced that the defendant would pay restitution, but that the parties should agree on an amount and notify the court of the agreement. Id. The following day, the trial court assessed restitution in the absence of the parties without a hearing, entering a restitution order as part of its written judgment. Id. at 755-56. The court of criminal appeals ultimately concluded that because the parties knew that restitution would be owed, but the amount was unclear, incorrect, or insufficient, the proper remedy was to vacate the award and remand the case for a hearing on restitution in the trial court, rather than deleting the restitution order on appeal. Id. at 754, 760.