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GARAY v. STATE

No. 97-1048.

708 So.2d 631 (1998)

Hugo GARAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 20, 1998

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellee.

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...

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