Davis v. State

COBB, Judge.

The appellant, Gary J. Davis, challenges the trial court’s order that he pay $3,221.15 in restitution to a burglary victim. Davis claimed that he only participated in hauling off the second load of merchandise from the victim’s business, which was recovered by the police, and did not participate in the theft or transportation of the first load, which was not recovered. We agree with the state that this appeal is governed by Spivey v. State, 531 So.2d 965 (Fla.1988), wherein it was held that where a defendant commits a criminal offense in concert with others, it is within the…