Higgins v. State

District Court of Appeal of Florida

Higgins v. State

545 So. 2d 973, 14 Fla. L. Weekly 1666, 1989 Fla. App. LEXIS 3883, 1989 WL 75734

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 1989

DocketNo. 87-1660

StatusPublished

Cited by2 cases

This text of 545 So. 2d 973 (Higgins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Higgins v. State, 545 So. 2d 973, 14 Fla. L. Weekly 1666, 1989 Fla. App. LEXIS 3883, 1989 WL 75734 (Fla. Ct. App. 1989).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI