The opinion
ON APPELLANT’S MOTION FOR REHEARING
Rehearing denied.
ROBERTS, Judge
(concurring).
The majority of the Court is of the opinion that appellant’s motion for rehearing should be overruled without written opinion. I concur in the overruling of the motion, but would do so for the following additional reason.
In his motion for rehearing, appellant contends that this Court failed to meet the primary issue raised by his assertion of former conviction: namely, whether the court, by requiring as a condition of probation in the first case that appellant make restitution to both Bailey and Millican, caused the robbery of both men to become a single offense. Appellant maintains that the trial court’s action in deleting the condition that restitution be made to Millican cannot act to defeat his plea of former conviction.
Upon reconsideration of the issue, I have concluded that the Court was correct in the original disposition of the case. However, I am now of the opinion that another reason, which is not stated in the original opinion, exists in support of the original holding.
Art. 42.12, § 3a, V.A.C.C.P., provides in part: “If probation is granted by the jury the court may impose only those conditions which are set forth in Section 6 hereof.” One of the permissible conditions set forth in Section 6(h) of Article 42.12, supra, is, “[Mjake restitution or reparation in any sum that the court shall determine
While the court is not required, when the jury recommends probation, to impose all of the conditions enumerated in Section 6, it may not impose additional conditions. O’Neal v. State, 421 S.W.2d 391 (Tex.Crim.App.1967).
Although I find no authority directly on point, I am of the opinion that the restitution or reparation contemplated in Section 6, does not include restitution to a party other than the victim of the crime for which the defendant was convicted. 1 That being the case, the court’s action in requiring that restitution be made to Millican was not authorized by Section 6, and as such, was void ab initio, by reason of Section 3a. Therefore, the court’s action in deleting the condition had no effect, for if the original condition was void and without effect, then its deletion changed nothing and in no way affected or acted to the detriment of appellant.
Since appellant was in no way affected in law by the court’s action, his plea of *532 former conviction, based upon the alleged transformation of two acts into one offense, is without merit.
For the reason stated, I concur in the overruling of appellant’s motion for rehearing.
MORRISON, J., joins in this concurrence.
. Upon trial before the court, I do not necessarily conclude that the court could not order that restitution be made to a person other than the victim. The provision of Section 3a, limiting conditions of probation to those enumerated in Section 6, applies only when probation is granted by the jury.