Opinion
No. 4D99-1155.
Opinion filed March 29, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. No. 96-2738 CF10AVOP.
Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melanie Ann Dale, Assistant Attorney General, West Palm Beach, for appellee.
Appellant pled guilty to having burglarized a dwelling on February 13, 1996. After he was placed on probation for that crime, the state charged he violated the conditions of his probation. On February 23, 1999, the trial court found he violated four such conditions and sentenced him to 60 months in state prison. His sentencing points for his primary offense, however, was increased as a direct result of Chapter 95-184, section 5, Laws of Florida.
The supreme court in Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000) held that Chapter 95-184 was unconstitutional because it violated the single-subject requirement. As the state concedes, his sentence is illegal and, thus, resentencing is required.
REVERSED and REMANDED for further proceedings.
WARNER, C.J., STONE and POLEN, JJ., concur.