Garay v. State

GRIFFIN, Chief Judge.

Hugo Garay [“Garay”] seeks review of a restitution order. We reverse.

Garay was charged with grand theft of the third degree1 for failing to timely return a cement mixer he had rented from Hardy Rentals on August 7, 1995. Garay claimed that someone had stolen the mixer from him while he was renting it, but he pled nolo contendere to the offense as charged, with the understanding that the prosecutor would recommend that he receive two years’ probation and pay restitution. Garay was sentenced in accordance with his plea, and adjudication of guilt was withheld. The court…