
    Willie PERRY, Appellant, v. Harry K. SINGLETARY, Jr., Secretary, Florida Department of Corrections, Appellee.
    No. 94-4228.
    District Court of Appeal of Florida, First District.
    April 26, 1996.
    Willie Perry, pro se.
    Louis A. Vargas, General Counsel, and Susan A. Maher, Deputy General Counsel, Department of Corrections, Tallahassee for appellee.
   PER CURIAM.

The trial court denied the petition for writ of habeas corpus for failure to exhaust administrative remedies. Appellee has filed a motion to relinquish jurisdiction, conceding that appellant has in fact exhausted his administrative remedies. Appellee’s motion shall be treated as a confession of error. The order of the trial court is reversed and this cause is remanded for consideration of the merits of the petition.

ERVIN, WEBSTER and LAWRENCE, JJ., concur.  