
    Willie TIMMONS, Appellant, v. The STATE of Florida, Appellee.
    No. 79-574.
    District Court of Appeal of Florida, Third District.
    June 19, 1979.
    Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellant.
    Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.
    Before PEARSON, BARKDULL and HUBBART, JJ.
   PER CURIAM.

The order under review is reversed and the cause is remanded to the trial court with directions to discharge the defendant from the cause based on the authority of Solomon v. State, 341 So.2d 537 (Fla.2d DCA 1977); Moss v. State, 330 So.2d 742 (Fla.1st DCA 1976), and Ware v. State, 231 So.2d 872 (Fla.2d DCA 1970).  