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DAVIS v. STATE

No. 90-1112.

572 So.2d 1022 (1991)

Gary J. DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 10, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

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,

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