Higgins v. State, 545 So. 2d 973

LETTS, Judge.

The trial court reversibly erred in convicting the defendant of both attempted murder with a firearm and the use of a firearm while committing a felony. Evans v. State, 528 So.2d 125 (Fla. 3d DCA 1988). See also State v. Smith, 547 So.2d 613 (Fla.1989).

In addition, the state concedes error on the question of restitution. A hearing must be held to determine the defendant’s ability to pay. Thomas v. State, 517 So.2d 132 (Fla. 4th DCA 1987).

REVERSED AND REMANDED.

DELL and GUNTHER, JJ., concur.

Case Details

Case Name: Higgins v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 12, 1989

Citations: 545 So. 2d 973; 14 Fla. L. Weekly 1666; 1989 WL 75734; 1989 Fla. App. LEXIS 3883; No. 87-1660

Docket Number: No. 87-1660

Court Abbreviation: Fla. Dist. Ct. App.