Burke v. State

Jimmy Burke appeals his judgment and sentence. We affirm, except with respect to the trial court’s order that Burke pay restitution.

The State of Florida charged Burke with grand theft of an automobile. At trial, a police officer testified that he found Burke sitting in the driver’s seat and another individual sitting in the back seat of the car, which had been stolen approximately three weeks earlier. Upon seeing the policeman, both men fled. The officer did not see Burke holding anything as he exited the car. The officer, who knew Burke, did not chase either individual, but instead secured…