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RAYMOND HIGGINS, APPELLANT, v. STATE OF FLORIDA, 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 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.

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HIGGINS v. STATE
(Jul 12, 1989)