Opinion
No. 82-164.
March 30, 1982.
Appeal from Circuit Court, Dade County; Ellen Morphonios Gable, Judge.
Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellee.
Before BARKDULL, BASKIN and JORGENSON, JJ.
The appellee has confessed error. Accordingly, the trial court's order granting the defendant's motion pursuant to Fla.R. Crim.P. 3.190(c)(4) is reversed and this cause remanded to the trial court for further proceedings. Ensor v. State, 403 So.2d 349 (Fla. 1981); State v. Davis, 243 So.2d 587 (Fla. 1971); State v. Bryant, 373 So.2d 708 (Fla. 3d DCA 1979).
Reversed and remanded.