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545 So. 2d 973

545 So.2d 973

14 Fla.L.Weekly 1666

Higgins v. State

District Court of Appeal of Florida · decided 1989-07-12

Relies on 547 So. 2d 613 - State v. Smith · Thomas v. State · 528 So. 2d 125 - Evans v. State

Decided 1989-07-12

LETTS, Judge.

¶1The 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).

¶2In 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).

¶3REVERSED AND REMANDED.

DELL and GUNTHER, JJ., concur.
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