State v. Hawkins

Full title: THE STATE OF FLORIDA, APPELLANT, v. ROBERT HAWKINS, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 1, 1981

402 So. 2d 606 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-2361.

September 1, 1981.

Appeal from Circuit Court, Dade County; James R. Jorgenson, Judge.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender, for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The appellee having confessed error in the trial court's granting of his sworn motion to dismiss, and such error clearly appearing, see, State v. Thompson, 399 So.2d 485 (Fla.3d DCA 1981); State v. Horne, 399 So.2d 49 (Fla.3d DCA 1981); State v. Johnson, 398 So.2d 500 (Fla.3d DCA 1981); the order of dismissal is reversed and the cause remanded for further proceedings.

Reversed and remanded.