Opinion
Nos. 94-1063, 94-1334.
January 5, 1996.
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.
The habitual offender sentence is affirmed. Young v. State, 663 So.2d 1376 (Fla. 5th DCA Dec. 1, 1995). However, we strike the probation condition requiring payment to First Step. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994).
Sentencing in this case took place before the July 1, 1995 effective date of the amendment to section 948.03, Florida Statutes (Supp. 1994). See Ch. 95-189, Laws of Florida.
AFFIRMED AS MODIFIED.
PETERSON, C.J., and COBB and HARRIS, JJ., concur.