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MALOY v. STATE

No. 10-98-133-CR.

990 S.W.2d 442 (1999)

Ira Davis MALOY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

April 7, 1999.

Attorney(s) appearing for the Case

Jose R. Villanueva, Law Office of Gibson & Associates, Groesbeck, for appellant.

Don W. Cantrell, Dist. & County Atty., Roy DeFriend, Asst. Dist. & County Atty., Groesbeck, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

TOM GRAY, Justice.

The victim of an intoxication assault testified about the nature and dollar amount of the medical expenses she incurred. The penal code requires expenses for medical services to be "necessary" in order to qualify for restitution. Is only the testimony of the victim adequate to support restitution for medical services, or must the damages be supported by additional evidence such as documentary proof or other proof of reasonableness...

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