Campbell v. State (1999)
In Campbell v. State, 5 S.W.3d 693 (Tex.Crim.App. 1999), the appellant was ordered to pay $100,000 in restitution after he was charged with, and pled no-contest to, theft of property valued at $20,000 or more but less than $100,000. Id. at 695.
He argued that his plea was involuntary because he did not realize that he was subject to pay restitution in an amount that exceeded the property-value range set forth in the indictment. See id. at 701. The Court of Criminal Appeals rejected this claim. Id. at 701-02.
Although the trial court did not admonish the appellant about restitution at the plea hearing, the appellant and his attorney signed a written plea form, which requested that the trial court grant deferred adjudication "with conditions to include restitution to all victims of this scheme, whether pled in the indictment or not." Id.
The appellant also stipulated that he stole more than $100,000 from the victims. Id. at 702.
Accordingly, the Court of Criminal Appeals concluded that he must have understood that he was asking for a restitution order that exceeded the property-value range for the offense. Campbell, 5 S.W.3d at 702.