
    Ruben RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
    No. 92-141.
    District Court of Appeal of Florida, Third District.
    June 23, 1992.
    Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.
    Robert A. Butterworth, Atty. Gen., for appellee.
    Before BASKIN, COPE and GERSTEN, JJ.
   CONFESSION OF ERROR

PER CURIAM.

We treat the State’s motion to relinquish jurisdiction as a confession of error. The State concedes that appellant Ruben Rodriguez was entitled to a hearing on the question of whether he had violated his furlough agreement. See Walker v. State, 578 So.2d 514, 515 (Fla. 3d DCA 1991); see also Walker v. State, 599 So.2d 233 (Fla. 3d DCA 1992).

The court is, of course, free to reimpose the sentence of five years “[i]f no excuse for non-attendance and no unjustifiable arrest are established after remand....” 578 So.2d at 515.

Reversed and remanded for hearing.  