I am looking for caselaw that says that the trial court can assess restitution as a condition of probation for a victim who is out more money than for what he was charged. In other words, the defendant was convicted of stealing, say $10,000, but there was evidence in the trial that he stole, say, $50,000 from the same victim. Is there a case that says the court can order the $50,000 total? Thanks.

If you have the TDCAA Criminal Laws of Texas book look at the annotations after Art. 42.037, CCP. If you don't, try starting with Martin v. State, 874 sw2d 674, and Campbell v. State, 5 sw3d 693, both CCA cases cited in the annotations which talk about the restitution amount ordered by the court being supported by evidence in the record.

Check out the annotations on page 354 of the 2007-2009 Criminal Laws of Texas book by TDCAA. Looks like Campbell v. State 5 S.W.3d 693 (Tex. Crim. App. 1999) might be right on point.

Wow, great minds think alike, simultaneously.