Opinion
No. 92-2542.
August 10, 1993.
An appeal from the Circuit Court of Dade County; Catherine M. Pooler, Judge.
Robert A. Butterworth, Atty. Gen., and Fleur J. Lobree, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.
Based on the defendant's confession of error which we conclude is well founded, In re P.J., 579 So.2d 299 (Fla. 4th DCA), rev. dismissed, 583 So.2d 1036 (Fla. 1991); Smith v. State, 532 So.2d 50 (Fla. 2d DCA 1988), we reverse the order under review dismissing count I of the information filed below and remand the cause for further proceedings.
Reversed and remanded.