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Burke v. State

The state failed to establish the course of conduct or pattern of behavior required under O.C.G.A. § 16-5-91 a.

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Sean M. Burke appeals following his conviction and sentence on one count of aggravated stalking for which he was sentenced to a term of ten years, five years to serve.1 For the reasons set forth below, we reverse. The indictment in this case charged Burke with aggravated stalking and alleged that on or about November 23, 2005, he “did unlawfully contact Elaine Bolton, without her consent . . . , for the purpose of harassing and intimidating her, in violation of a court order, which prohibited such behavior” by Burke. At the trial in this case, Elaine Bolton recounted the events leading up to the entry of the court order against Burke.

The two originally began dating in August, 2002, but by New Year’s Eve, Bolton had observed sufficient “red flags” in Burke’s personality to deter her from continuing the relationship. When she told Burke that things were not working out, he reacted with anger. Bolton felt bad about hurting him, however, and they agreed to be friends.

 
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