Opinion
No. 74-1361.
April 8, 1975.
Appeal from Circuit Court, Dade County; Alfonso C. Sepe, Judge.
Phillip A. Hubbart, Public Defender, and Roy S. Wood, Jr., Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.
Upon consideration of the appellee's confession of error as to the sentence imposed, this cause is remanded to the circuit court with instructions to vacate that portion of the sentence relating to the five years imprisonment in the state penitentiary.
It is so ordered.