Higgins v. State
545 So. 2d 973, 14 Fla. L. Weekly 1666, 1989 Fla. App. LEXIS 3883, 1989 WL 75734
District Court of Appeal of Florida·Decided July 12, 1989·No. No. 87-1660·Published·Cited by 2 cases
Opinion
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.
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Higgins v. State, 545 So. 2d 973, 14 Fla. L. Weekly 1666, 1989 Fla. App. LEXIS 3883, 1989 WL 75734 (Fla. Ct. App. 1989).
545 So. 2d 973 (Higgins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Smith v. State
548 So. 2d 755 (District Court of Appeal of Florida, 1989)