No. 87-1660 | Fla. Dist. Ct. App. | Jul 12, 1989
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" date_filed="1988-07-19" court="Fla. Dist. Ct. App." case_name="Evans v. State">528 So.2d 125 (Fla. 3d DCA 1988). See also State v. Smith, 547 So. 2d 613" date_filed="1989-06-22" court="Fla." case_name="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" date_filed="1987-12-30" court="Fla. Dist. Ct. App." case_name="Thomas v. State">517 So.2d 132 (Fla. 4th DCA 1987).
REVERSED AND REMANDED.