Joshua Lee Carr v. State

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-16-00113-CR JOSHUA LEE CARR, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court

Red River County, Texas Trial Court No. CR02446

Before Morriss, C.J., Moseley and Burgess, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Joshua Lee Carr pled guilty to and was convicted of credit card abuse of the elderly.1 Following a bench trial on punishment, the trial court sentenced Carr to ten years’ imprisonment and ordered him to pay $175.00 in restitution. On appeal, Carr argues that the trial court’s restitution award is not supported by the evidence and that $150.76 is the proper amount of restitution.

The record reflects, and the State concedes, that the amount of restitution should be $150.76. Accordingly, we modify the judgment to reflect $150.76 as the amount of restitution and affirm the judgment, as modified. See TEX. R. APP. P 43.2(b).

Bailey C. Moseley Justice

Date Submitted: October 26, 2016 Date Decided: October 27, 2016 Do Not Publish