Florida District Courts of Appeal, 1989

Higgins v. State

Higgins v. State
Florida District Courts of Appeal · Decided July 12, 1989 · Dell, Gunther, Letts
545 So. 2d 973; 14 Fla. L. Weekly 1666; 1989 Fla. App. LEXIS 3883; 1989 WL 75734 (Southern Reporter, Second Series)

Higgins v. State

Opinion of the Court

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-law data current through December 31, 2025. Source: CourtListener bulk data.