Opinion
Case No. 5D98-2876.
Opinion filed June 2, 2000. JANUARY TERM 2000.
Appeal from the Circuit Court for Marion County, Thomas D. Sawaya, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
We affirm the order revoking probation. See § 948.06(5), Fla. Stat. (1997) ("if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so").
However, we vacate the sentence. See Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000) (holding that violation of constitutional single-subject requirement renders chapter 95-184 void in its entirely); see also Maddox v. State, No. SC 92805 (Fla. May 11, 2000). The cause is remanded for resentencing "in accordance with the valid laws in effect on" 16 May 1996, the date Laird committed this offense. See Heggs 25 Fla. L. Weekly at S140.
AFFIRMED in part; VACATED in part.
SHARP, W. and HARRIS, JJ., concur.