Gutierrez-Rodriguez v. Texas (original by presiding judge keller)
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During two vehicle burglaries, a number of items were stolen. Appellant was charged with and convicted of misdemeanor theft for stealing some items during two vehicle burglaries. The trial judge placed her on probation and, as a condition of probation, imposed restitution for some of the missing items that appellant had not been charged with stealing. Although the issue of restitution and the basis for imposing it were thoroughly discussed at trial, appellant raised no objection to the restitution requirement. The issue before the Court of Criminal Appeals was whether appellant could claim for the first time on appeal that the restitution was for items that she was not charged with stealing. The Court held that she could not, because she accepted the restitution requirement as a condition of probation by failing to object when she had an opportunity to do so.
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