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994 So. 2d 425

Docket No. 3D08-2187.

Valle v. State

Carlos DEL VALLE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 23, 2008.

District Court of Appeal of Florida · decided 2008-10-23

Relies on Gonzales v. State

Decided 2008-10-23

¶1Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

¶2Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee.

¶3Before WELLS, SHEPHERD, and ROTHENBERG, JJ.

¶4PER CURIAM.

¶5Affirmed. See Gonzales v. State,909 So.2d 960, 960 (Fla. 3d DCA 2005) ("If the probationer's defense is inability to pay, `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.' § 948.06(5), Fla. Stat. (2004)").

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