Smith v. State

PATTERSON, Judge.

The appellant challenges his judgment and sentence for felony petit theft. We find no merit in his argument that the trial court erred in denying his motion to dismiss. However, the appellant correctly argues that the trial court erred in ordering him to pay restitution.

The appellant was found in possession of stolen computer disks and a disk holder belonging to the law firm of Holland and Knight. He was charged with the theft of “certain computer equipment and disks.” He pled nolo contendere to felony petit theft. At sentencing, the trial court ordered the appellant to pay…