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HIGGINS v. STATE

No. 87-1660.

545 So.2d 973 (1989)

Raymond HIGGINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 12, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

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...

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