
    The STATE of Florida, Appellant, v. James Allen SMITH, Appellee.
    No. 79-683.
    District Court of Appeal of Florida, Third District.
    Sept. 11, 1979.
    Janet Reno, State’s Atty., and Milton Robbins, Asst. State’s Atty., for appellant.
    Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellee.
    Before PEARSON, BARKDULL and SCHWARTZ, JJ.
   PER CURIAM.

The appellee having filed a confession of error in this cause, the order granting the defendant’s sworn motion to dismiss, dated March 15, 1979, be and the same is hereby reversed and set aside and the matter returned to the trial court for further proceedings.

Reversed and remanded, with directions.  