Rae v. State

Having plead nolo contendere to grand theft, appellant contests the amount of restitution imposed by the trial court. We reverse the order of restitution1 and remand for further proceedings consistent herewith.

Appellant’s plea resulted from his embezzlement of funds paid by purchasers to his employer’s used car business. Appellant would take money from customers, give them a receipt, but would not credit their accounts. The employer’s president, David Absec, claimed that appellant had taken about $2,797, and in support of his testimony regarding the amount of money taken, introduced…